In Brief
The Supreme Court examined whether prior sanction under the Prevention of Corruption Act is required before ordering police investigation under Section 156(3) of the Criminal Procedure Code against public servants. Finding a conflict between recent judgments and established precedent distinguishing pre-cognizance from post-cognizance proceedings, the Court referred the substantive issue to a larger Bench. However, the Court allowed the appeal partly by striking off respondent No. 1 from the complaint, holding that a public servant cannot be arrayed as an accused merely for attending a meeting where he had no role or decision-making involvement.
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