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TUSHAR RAO GEDELA
Rakesh Bhatnagar – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Tushar Rao Gedela, J. -
[ The proceeding has been conducted through Hybrid mode ]
1. This is a petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") challenging the impugned order on charge dated 31.10.2018 and order framing charge dated 04.12.2018 by the learned Special Judge (PC Act), North-West District, Rohini in CBI Case No. 53/2016 titled "CBI vs Sri Chand & Ors".
2. The brief facts as per the case of prosecution culled out from the reply of the respondent to the petition is extracted hereunder:-
"2.1 That the instant case was registered by the Respondent-CBI on 25.10.2006 upon directions issued by this Hon'ble Court passed in Writ Petition (Civil) No. 10066 of 2004. This case was registered in SCR-II branch, CBI against Srichand (A-1) Anna Wankhede (A-2), Mohan Lal (A-3) Prahald Kumar Thirwani (A-4) and other unknown persons for the commission of offences u/s 120-B r/w 419, 420, 468, 471 IPC and Section 13(2) read with 13(1)(d) of the PC Act.
2.2 That Arvind Cooperative Group Housing Society Limited was registered on 31.03.1973 with 53 promoter members vide registration
A public servant cannot be prosecuted for IPC offences without prior sanction under Section 197 Cr.P.C., especially when no evidence substantiates allegations of conspiracy or dereliction of duty.
The court found that no sanction was required under Section 19 of the Prevention of Corruption Act, 1988 for the offences charged against the petitioner.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Investigation into offence and elaborate appreciation of evidence is not required, and is rather discouraged, at stage of framing of charges and only material prima facie establishing a case against ....
At the stage of framing charges, the court is required to evaluate whether there is a ground for presuming that the offence has been committed, without delving into the probative value of the materia....
Point of law: As per the requirement of Section 227 and 228 of the Cr.P.C., the learned Judge shall consider whether “sufficient grounds” exist or not and such consideration shall be supported by mat....
Sanction for prosecution under Section 197 of the CrPC is not applicable when a public servant's alleged offenses do not relate to their official duties.
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