Sanction is a condition precedent to the institution of the prosecution. of a public servant. As per provisions of Section-19 of the PC Act, 1988, no. court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with.the previous sanction of the competent authority. Similar provisions are available under section 197 Cr.P.C for offences under IPC. 

After analysing various previous judgments, the Supreme Court held that the Public Prosecutor may withdraw from the prosecution not merely on the ground of paucity of evidence but on other relevant grounds as well in order to further the broad ends of public justice, public order and peace.

You may file a quash petition before high court under section 482 cr.p.c. to quads the charge sheet on the said grounds besides some merits in your side to defend your interests.

Quashing is to be done only in exceptional circumstances 

it is necessary to peruse charge sheet filed against you to advice 

better option is to apply for discharge before trial court 

- No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction 

- Further , as per Supreme Court in the matter of  L. NARAYANA SWAMY Vs. STATE OF KARNATAKA & ORS held that , Sanction under Section 19 of the P.C. Act  is  a  pre-condition for ordering investigation against a public servant. 

- Since, the trail court has taken cognizance without sanction under 19(1) of pc act , hence you can approach the  High court for quashing . 

Since they have proceed against you in absence of any sanction order, better to approach the High Court in an application seeking quashing of the charge sheet.

Everybody wants Quashing but it is to be done only in exceptional cases.

you already know that sanction under 19 of PC required.

Hence you can ask for quashing in HC on that basis.

yes you can file quashing in High court for the same

Dear Sir/Ma'am,

1. as per section 19 of the PC Act, no court can take cognizance of an offence under section 7, 10, 11, 13 and 15 when it is allegedly committed by the public servant. 

they may take cognizance only when a competent authority has sanctioned.

2. you may file a quash petition before the HIgh court under section 482 of Cr.P.C.; to quash the charge sheet on certain grounds and merits. 

• For further assistance, you can book a consultation with me.
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