Prior sanction not required for prosecuting a retired public servant; corruption and conspiracy charges could proceed to trial.

Prior sanction under Section 197 CrPC was not required to prosecute a retired public servant, because the accused had ceased to be a public servant when cognizance was taken. The settled position is that sanction is not needed for prosecution under the Prevention of Corruption Act in that situation. The same principle extended to the IPC charges under Sections 406, 409, 120B and 109, as criminal conspiracy and criminal breach of trust are not acts done in discharge of official duty, and adding Section 406 did not change the legal position. The prosecution could therefore proceed to trial.

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Issues: Whether prior sanction under Section 197 of the Code of Criminal Procedure, 1973 was necessary to prosecute a retired public servant for offences under the Prevention of Corruption Act, 1947 and Sections 406, 409, 120B and 109 of the Indian Penal Code, 1860.

Analysis: The accused had ceased to be a public servant when cognizance was taken. The settled position is that sanction under the Code is not required for prosecution under the Prevention of Corruption Act in such a situation. The same principle applies to the IPC offences alleged here, because criminal conspiracy and criminal breach of trust are not acts done in the discharge of official duties, and the mere addition of Section 406 does not alter the legal position applicable to Section 409 and Section 120B.

Conclusion: Prior sanction was not required, and the prosecution could proceed to trial.

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