A.K.Sreekumar vs State Of Kerala on 24 March, 2025

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Dated this the 24th day of March 2025.

REFERENCE ORDER

Raja Vijayaraghavan, J.

This matter is placed before us on a reference made by the learned

Single Judge. The following questions have been raised for our

consideration:

(a) ​ When the Hon’ble Supreme Court has in Jayant referred to the proposition
laid down in AnilKumar [2013) 10 SCC 705] and laid down a dictum that an
order directing investigation is not tantamount to taking cognizance,
whether it is possible to construe sanction under Section 19 of the P.C. Act
as a prerequisite for passing a direction for investigation under Section
156(3) of the Cr.P.C overlooking that the law laid down by the Supreme
Court in Jayant [(2021) 2 SCC 670] aligns with the ratio laid down by the
Constitution Bench and Larger Benches of the Supreme Court.

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