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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Vivek Garg – Appellant
Versus
State – Respondent
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| 1. the complaint against the respondent concerns alleged fraud related to medical reimbursements. (Para 1) |
JUDGMENT :
1. Criminal Appeal under Section 378 (4) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C .”), has been filed on behalf of the Appellant/Complainant, Sh. Vivek Garg, Advocate, against the Judgment dated 21.03.2022 of the Ld. ACMM, New Delhi, whereby Respondent No.2, Akhilesh Pati Tripathi, MLA has been acquitted in the Complaint Case No.4/2019 under Section 420 /468/409 of Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”).
3. The allegations are that being an MLA and a public servant, he was entitled for reimbursement of medical expenses from Government of NCT of Delhi in regard to the treatment obtained by him, his spouse and dependent family members. The member of the family is considered dependent only if his income from all sources is less than Rs.3,500/- per month.
5. The Complainant obtained information under RTI that the Respondent No.2, had been reimbursed a sum of Rs.2,01,600/- in regard to the medical treatment of Smt. Chandra Wati, his mother at Dr. B.L. Kapoor Memorial Hospital, Del
Prosecution under Section 197 Cr.P.C. is not required for elected officials; mere inadvertence does not establish cheating.
A charge of cheating under S.420, IPC requires deception and fraudulent intent which were not established in this case.
The acquittal of the accused was upheld due to a lack of valid sanction and insufficient evidence of guilt, emphasizing the necessity of the Sanctioning Authority's application of mind.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
A valid sanction under the Prevention of Corruption Act requires the Sanctioning Authority to apply its mind to all relevant facts, and the prosecution must prove guilt beyond reasonable doubt.
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act; trivial amounts may not negate liability if corrupt intent is established.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
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