IMPORTANT POINT
Summoning of additional accused to face trial – Court cannot take cognizance against any public servant for offences committed under Sections 7,11,13 and 15 of P.C. Act, even on application under Section 319 of Cr.P.C., without first following requirements of Section 19 of P.C Act.

JUDGMENT :

Sudhanshu Dhulia, J.

1. The State of Punjab is in appeal here against the judgment and order dated 02.08.2018, passed by the High Court of Punjab and Haryana setting aside the order dated 20.05.2017 of the Trial Court which had summoned respondent Pratap Singh Verka under Section 319 of Criminal Procedure Code (hereinafter referred to as ‘CrPC’) to face the trial for the offences under sections 7/13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘P.C Act’).

2. Brief facts of the case are that on 25.04.2016, an FIR u/s 7/13 (2) of the P.C Act was lodged against Respondent- Dr. Partap Singh Verka and another co-accused i.e. ‘Vikas’, at Police Station Vigilance Bureau, Amritsar. It was disclosed in the FIR that the present respondent was working as a doctor in Guru Nanak Hospital at the relevant point of time when complainant-Gurwinder Singh sought treatment for his brother who was in jail. The complainant alleged that on 20.04.2016 the Respondent took a bribe of Rs.10,000 from the complainant through the accused-Vikas for admitting the complainant’s brother in his hospital, as he was otherwise reluctant to treat a prisoner. Again on 24.04.2016, the respondent demanded another Rs.10,000/- to keep the patient in the hospital for further treatment and asked the complainant to give that amount to the other accused i.e. ‘Vikas’ in two installments of Rs.5,000 each. The complainant, however, contacted the Vigilance Bureau instead and the officials of Vigilance laid a trap to catch the culprits. On 25.04.2016, the accused-Vikas (ward attendant) was caught red-handed in the parking lot of the hospital receiving Rs.5000 from the complainant. On the same day, the respondent was also arrested from his office.

3. In May 2016, both the accused were released on bail. A chargesheet dated 22.12.2016 was later filed only against the other accused-Vikas. The present respondent was not named in the charge-sheet as an accused.

4. However, during the course of the trial, the complainant-Gurwinder Singh deposed as PW-1 on 12.05.2017 and in his examination-in-chief, he said that it was the present Respondent who had demanded the bribe and it was on his behalf that the other accused, Vikas had received the bribe amount. The trial Court deferred the hearing on the request of the Public Prosecutor of the State who then wanted to move an application under Section 319 of the CrPC for summoning the respondent as an accused. Consequently, an application was moved by the State on 18.05.2017 under Section 319 CrPC, which was allowed on 20.05.2017 and Dr. Partap Singh Verka was summoned to face the trial.

5. The accused Respondent challenged this order of the Trial Court before the High Court which has set aside the order of the Trial Court, as sanction under Section 19 of the P.C Act had not been taken.

6. We have heard the counsel for the Appellant-State as well as for the Respondent and have also perused the material before us.

7. There is no dispute on the fact that the Respondent is a ‘Public Servant’ as defined under Section 2(c) of the P.C Act. Section 19 of the P.C Act puts a bar on Courts to take cognizance of an offence under Sections 7, 11, 13 and 15, without the previous sanction of the State Government, Central Government or the competent authority, as the case may be. The relevant portion of Section 19 of the P.C Act is as follows:

“19. Previous sanction necessary for prosecution.—

(1) No court shall take cognizance of an offence punishable under sections 7, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)—

(a) in the case of a person who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government