JUDGMENT :

GITA GOPI, J.

1. The revisionists, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) have come with a prayer to quash and set aside the order dated 21.08.2020, passed by the Sixth Additional Sessions and Special (ACB) Judge, Banaskantha at Palanpur in Criminal Inquiry (ACB) No. 1/2020. The complaint was filed under Section 409 of Indian Penal Code (for short “IPC”) read with Section 7 of The Prevention of Corruption Act, 1988 (for short “P.C. Act”) against the respondent no. 3, who was on the post of Sarpanch, Gola Gram Panchayat, Taluka-Palanpur. The complaint before the Special (ACB) Judge came to be rejected on the ground of maintainability in absence of sanction.

2. A private complaint filed before the Principal District Judge, Banskantha at Palanpur having been registered as Criminal Inquiry (ACB) No. 1/2020 was transferred to Fifth Additional District Judge Banaskantha for disposal in accordance with law and thereafter the matter came before the Sixth Additional Sessions and Special (ACB) Judge, Banaskantha at Palanpur on 10.07.2020, with the allegations that respondent no. 3 being Sarpanch of Gola Gram Panchayat has mi