Can Magistrate Take Cognizance Of Private Complaint & Order Probe When Sanction U/S 19 Of PC Act Is Required? Kerala HC Refers To Larger

The Kerala High Court ruled on the requirement of prior sanction under the Prevention of Corruption Act before ordering an investigation by a Magistrate. It emphasized that sanction should be granted considering the gravity of the allegations and the material available, ensuring fairness in procedure. The court highlighted that such sanction acts as a safeguard against frivolous or vexatious complaints, maintaining the Act's integrity. This decision clarifies the procedural intricacies involved in initiating corruption-related investigations under the Act.