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Supreme Court of India 2019-09-25 allowed

Central Bureau of Investigation (CBI) etc vs Pramila Virendra Kumar Agarwal & Anr. etc

Bench: 2 — A.S. Bopanna

In Brief

The CBI challenged the High Court's order discharging two accused (husband and wife) from charges of possessing assets disproportionate to their known income under the Prevention of Corruption Act. The High Court had held that procedural defects in investigation—specifically, failure to provide formal written explanation before seeking sanction—rendered the sanction defective. The Supreme Court allowed the appeal, holding that questions of procedural defects, admissibility of statements, and sanction validity (except absolute absence) must be decided at trial, not at the discharge stage. The Court emphasized that discharge applications require only prima facie assessment, not a mini-trial, and remitted the case to the trial court.

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Criminal Procedure Prevention of Corruption Act Discharge of Accused Sanction for Prosecution Investigation Procedure Disproportionate Assets

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