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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Manoj Kumar Soni S/o Sh. Narayan Prasad Soni – Appellant
Versus
State of Chhattisgarh Through SHO, ACB/EOW Raipur, Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. The instant revision has been filed under Section 438 read with Section 422 BNSS, 2023 against the order dated 01/02/2025 passed by the learned Special Judge (PC Act), Raipur, C.G. whereby the cognizance has been taken in for the offences in FIR No.01/2024 against the petitioner.
2. The brief facts of this case are that:-
- On 16.01.2024, the ACB/ EOW, Raipur registered an FIR bearing no. 01/2024 for commission of offences u/S 120B and 409 IPC andSection 13(1)(a) and Section 13(2) read with Section 11 of the Prevention of Corruption Act, 2018 (as amended) inter alia arraigning the Petitioner as an accused.
- On 01.02.2025, the Respondent filed the Subject Charge-sheet in the Subject FIR. Notably, it has specifically been stated by the Respondent in the charge-sheet that an application for sanction to prosecute the Petitioner has been made to the State Government.
- On the same day, i.e., 01.02.2025, the Ld. Trial Court passed the Impugned Order, thereby taking cognizance of the alleged offences, without awaiting the necessary sanction u/s. 19 PC Act or under Section 197 Cr.P.C. from the appropriate authority for prosecution of the Petitioner. Hence thi
Cognizance of offences against public servants requires prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, failing which the cognizance is illegal.
Cognizance of offences against public servants under the PMLA requires prior sanction under Section 197 CrPC, as established by the Supreme Court.
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
(1) Provisions of Section 197(1) of Cr.P.C. are applicable to complaint under Section 44(1)(b) of PMLA.(2) There is no embargo on considering plea of absence of sanction, after cognizance is taken by....
Cognizance cannot be taken twice for the same offence, and prosecution sanction is mandatory for public servants under the Prevention of Corruption Act.
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
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