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2024 Supreme(Raj) 234

SUDESH BANSAL
Chetram S/o Arjunlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Manish Gupta
For the Respondent: Mr. Atul Sharma, PP

JUDGMENT :

1. By way of instant criminal misc. petition under Section 482 Cr.PC, petitioner-accused has prayed to quash the order dated 25.04.2019 passed by the Special Judge, Prevention of Corruption Cases, Alwar, dismissing an application filed by Anti Corruption Bureau (hereinafter for short “ACB”) under Section 169 Cr.PC, in connection with FIR No.248/2016 registered at Police Station Anti Corruption Bureau, Jaipur for offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter for short “the PC Act”) & Section 120-B IPC, and has prayed to grant the application, allowing to discharge/release the petitioner-accused in the present criminal case, on the ground of refusal of prosecution sanction.

2. Learned counsel for petitioner-Mr. Manish Gupta, strenuously contended that as per Section 19 of the PC Act, previous sanction for prosecution of a public servant, for the charges of corruption, is mandatory. Petitioner is indisputably a public servant and the application filed by ACB for grant of prosecution sanction against the petitioner has been rejected by a competent Authority. Learned counsel pointed out that the Managing Director, Alwar Zil

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