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2022 Supreme(Raj) 2773

BIRENDRA KUMAR
Jageshwar Sharma S/o Shri Mukut Bihari Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. S.S. Hora, Mr. T.C. Sharma, Mr. Devanshu Gupta, Ms. Shubhi Gaur, for the Appellant; Mr. Prashant Sharma, Dy.G.A., Mr. Vaibhav Thakuriya, for the Respondent.;

JUDGMENT

1. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order of sanction to prosecute dated 28.4.2020, on the ground that the order suffers from non application of independent mind. The petitioner has further sought for quashing of the order of cognizance dated 9.2.2021 which is based on a void sanction order. Further prayer is that the petitioner had filed an application dated 11.2.2022 before the court below praying therein for rejecting the sanction order which is inconsistent with the requirement of Section 19 of the Prevention of Corruption Act (for short, ’the P.C. Act’). By the impugned order dated 10.05.2022, the Court below deferred the hearing of t he petition till framing of the charges.

2. The background of writ petition is that one Shyam Singh Katewa engaged in the business of Mining on lease hold property made a complaint to the Inspector General of Police, Anti Corruption Bureau on 19.12.2019, alleging therein that coaccused Sanjay Kothari, the Regional Officer and petitioner Jageshwar Sharma, the Environmental Engineer have demanded Rs. 50,000/- and Rs. 30,000/- respectively for grant of order of ’con

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