SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Raj) 702

PRATAP KRISHNA LOHRA
Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner:H.S. Rajpurohit, Advocate.
For the Respondents: Rajesh Bhati, Public Prosecutor.

JUDGMENT :

PRATAP KRISHNA LOHRA, J.

1. By the instant revision petition, under Section 397 read with Section 401 Cr.P.C., petitioner-complainant has challenged order dated 13th of October, 2017 passed by Special Judge, Prevention of Corruption Act, Jodhpur (for short, 'learned trial Court'). The learned trial Court, by the order impugned, has declined to send the complaint of petitioner for investigation under sub-section (3) of Section 156 Cr.P.C. in absence of sanction for prosecution of the accused under Section 19 of the Prevention of Corruption Act.

2. The facts, in brief, are that petitioner-complainant submitted a criminal complaint before learned trial Court against the accused attributing offence under Section 10, 12, 13 & 15 of the P.C. Act read with Section 341, 323, 161, 167, 171(d) and 120-B IPC. Essentially, the complaint was against the police authorities.

3. After examining the complaint, the learned trial Court declined to send the same for investigation by citing the reason that there is no proper sanction for prosecution of the accused, who are public servants. While passing the impugned order, learned trial Court has relied on the decision of Supreme Court in L. Nar






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top