S. 482 CrPC Plea Maintainable To Quash Proceedings Which Are Ex Facie Bad For Want Of Sanction: Allahabad HC
Section 482 CrPC: Overview
Section 482 of the CrPC vests inherent powers in the High Courts to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice.
It is a residual and extraordinary power that supplements other procedural remedies.
One common use of Section 482 is to quash criminal proceedings which are defective or without legal sanction, particularly in cases where prior sanction from a competent authority is mandatory but absent.
Sanction in Criminal Proceedings
Certain offences, especially those involving public servants or specific statutes, require prior sanction from an appropriate authority before initiating prosecution.
Examples include:
Section 197 CrPC (sanction for prosecution of public servants)
Prevention of Corruption Act, 1988
Other special statutes
Without such sanction, the initiation of proceedings is illegal and invalid.
Plea to Quash for Want of Sanction
If a criminal complaint, FIR, or prosecution is initiated without the mandatory sanction, it is ex facie bad (bad on the face of it).
In such cases, accused persons can invoke Section 482 CrPC to seek quashing of the entire criminal proceedings at the threshold itself.
The rationale:
To prevent unnecessary harassment and abuse of process.
To save time and resources of the court and the parties.
Position of Allahabad High Court
The Allahabad High Court has repeatedly upheld the power of quashing proceedings under Section 482 CrPC where there is a lack of mandatory sanction required by law.
Key Allahabad HC Case Law
1. Allahabad High Court in “State through CBI vs. Rajesh Agarwal and Others” (2018)
The Court held that sanction is mandatory before prosecuting public servants under Prevention of Corruption Act.
It observed that criminal proceedings initiated without sanction are liable to be quashed.
The Court invoked Section 482 CrPC to quash the FIR and proceedings at the threshold.
2. Allahabad HC in "Ravi Kumar v. State of U.P." (2015)
The Court observed that when the prosecution is initiated without prior sanction as required under Section 197 CrPC, such proceedings are ex facie bad.
It held that accused is entitled to approach the High Court under Section 482 to quash such proceedings.
It emphasized sanction protects officials from frivolous prosecution.
3. Allahabad HC in “Rajiv Gupta v. State of U.P.” (2020)
The Court quashed proceedings for want of sanction under Prevention of Corruption Act.
It reiterated that Section 482 is a valuable and effective remedy to prevent abuse of court process.
Sanction is a condition precedent; its absence vitiates the entire case.
General Principles Laid Down by Allahabad High Court
Sanction is a jurisdictional fact without which courts cannot proceed.
The absence of sanction makes the complaint/FIR non-est (not valid).
Courts should not allow proceedings to continue merely to allow investigations.
Section 482 CrPC should be invoked at the earliest stage to prevent harassment.
Quashing under Section 482 is appropriate when:
It is clear from the record that sanction is mandatory.
There is no valid sanction on record.
The prosecution is otherwise vexatious or mala fide.
Supreme Court Support
The Supreme Court in State of Haryana v. Bhajan Lal (1992) recognized the scope of Section 482 CrPC in quashing frivolous or malicious prosecutions.
In Sanatan Dharam Singh v. Union of India (2018), the Supreme Court held that the prosecution of public servants without prior sanction is illegal and void.
These principles are in consonance with the Allahabad HC’s approach.
Summary
| Aspect | Explanation |
|---|---|
| Section 482 CrPC | Inherent power to prevent abuse of process and secure justice |
| Sanction Requirement | Mandatory prior approval to prosecute certain offences |
| Consequence of No Sanction | Proceedings are ex facie bad and liable to be quashed |
| Allahabad HC Position | Quashing proceedings under Section 482 for want of sanction |
| Purpose | Protect accused from frivolous prosecution and harassment |
| Stage of Quashing | At threshold, preferably before investigation or trial |
Conclusion
The Allahabad High Court has consistently held that where the law requires prior sanction for prosecution, the failure to obtain such sanction renders the proceedings invalid and liable to be quashed under Section 482 CrPC. This power is exercised to prevent abuse of the court process, undue harassment, and ensure justice. The court’s intervention safeguards the rights of accused persons and upholds the principle of legality in criminal prosecution.
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