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ARUN BHANSALI
C. P. Borana S/o Shri G. S. Borana – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This petition has been filed by the petitioner seeking to question the validity of the prosecution sanction dated 18.03.2008 (Annex.10) granted against the petitioner under the provisions of Section 19 of the Prevention of Corruption Act, 1988 (Act of 1988).
2. The petitioner was working as Manager under Jaitaran Kray Vikray Sahkari Samiti, Pali. An FIR was lodged against him that he demanded a sum of Rs.60,000/- from one Babulal Gehlot. It was further alleged that the illegal gratification sought to be paid to the petitioner was directed to be kept at the place of one Chaularam. The amount of alleged illegal gratification of Rs.60,000/- was recovered from an open bag of motorcycle.
3. The authority sought grant of prosecution sanction alongwith draft prosecution sanction filed as Annex.6.
4. The competent authority i.e. the Registrar, Cooperative Societies, Rajasthan, Jaipur by communication dated 18/19.06.2007 (Annex.5) sought clarification from the Deputy Superintendent of Police, ACB, Pali indicting that from the facts disclosed, prima facie, it is not proved that the petitioner was guilty of the offences.
5. Whereafter, on 24.07.2007 (Annex.7) the prosecution sanction ve
The challenge to the order of sanction on the ground of improper application of mind or non-consideration of relevant material is required to be raised during trial and established by leading evidenc....
The court held that while it can review sanctions for prosecution under the Prevention of Corruption Act, disputed facts must be resolved in criminal court, not through writ jurisdiction.
Grant or refusal of sanction for prosecution is not an empty formality – Act of according sanction for prosecution must be preceded by proper application of mind by competent authority.
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
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