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2005 Supreme(SC) 1428

S.B.SINHA, R.V.RAVEENDRAN
Romesh Lal Jain – Appellant
Versus
Naginder Singh Rana – Respondent


Judgment

S.B. Sinha, J.—How far a sanction against a public servant for commission of an offence punishable under 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the 1988 Act’) and Sections 409, 167, 218, 419, 420, 465, 468 and 471 of the Indian Penal Code is essential is in question in this appeal, which arises from a judgment and order dated 06.05.2002 passed by the High Court of Punjab and Haryana in Criminal Misc. No. 39904-M of 2002 allowing an application filed by the First Respondent herein under Section 482 of the Code of Criminal Procedure (for short, Cr.P.C.). The First Respondent herein at the material time was a Sub Inspector posted in Police Station Kotwali in the District of Faridkot. He in his said capacity purported to have lodged a First Information Report against M/s. Jain Gas Agency, a proprietary concern of the son of the Appellant, under Section 7 of the Essential Commodities Act, wherein it was alleged that on an inspection made in its office and godown several irregularities were found and furthermore some gas cylinders were said to have been sold in black market. The Appellants, who is also the District Convener, LPG Dealers Association, Faridkot


























































































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