2015 Supreme(Raj) 1938
NIRMALJIT KAUR
Man Singh : State of Rajasthan – Appellant
Versus
State of Rajasthan : Deepak Baidh – Respondent
Advocates:
Corruption case - Private complaint - Previous sanction was necessary even at the pre-cognizance stage.
JUDGMENT :
1. Both the aforesaid misc. petitions shall stand decided by this common order as they arise out of the same complaint.
2. The criminal misc. petition No. 2626/2014 has been filed by the petitioner-Man Singh against whom the complaint was filed.The criminal misc. petition No. 2057/2014 has been filed by the State of Rajasthan.
3. Both these petitions have been filed under Section 482 Cr.P.C. against the Order dated 11.12.2013 passed by the Sessions Judge, Prevention of Corruption Act, Bikaner vide which while forwarding the complaint direction has been issued to the investigating agency to conduct preliminary enquiry and in case, commission of any offence is found then F.I.R. shall be registered.
4. The State of Rajasthan has also challenged the Order dated 28.05.2014 vide which the application for setting aside the Order dated 11.12.2013 was dismissed on the ground that the Court has no jurisdiction to review its' own order.
5. Learned Additional Advocate General submits that the order passed by the Sessions Judge, Prevention of Corruption Act, Bikaner for registering the F.I.R. against the public servant on a private complaint could not have been passed and the private comp
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