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CHANDRA KUMAR SONGARA
Hari Shanker Sharma – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background about the fir and lack of sanction. (Para 1 , 11 , 13) |
| 2. arguments on the absence of charges against the petitioner. (Para 2 , 3 , 4 , 5) |
| 3. court observations on sanction requirements. (Para 6 , 9 , 14) |
| 4. judicial interpretations of sections 8 & 9 of the p.c. act. (Para 7 , 8 , 10 , 15) |
| 5. final decision to quash fir against the petitioner. (Para 16) |
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 r/w 483 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner with the prayer for quashing of impugned F.I.R. No.526/2013 dt.07.12.2013 registered at Police Station, Pradhan Aarakshi Kendra, Anti-Corruption Bureau, Rajasthan, Jaipur. It is further prayed that the impugned order dated 02.06.2016 passed by the Court of Special Judge, Sessions Court, Prevention of Corruption Act, No.2, Jaipur, in Criminal Miscellaneous Application No.42/2015, whereby, while rejecting the application filed by petitioner under Sections 227 & 239 r/w Section 245 of Cr.P.C., cognizance had been taken under Sections 8 & 9 of the Prevention of Corruption Act, 1988, be quashed & set aside.
2. It has been submitted by lear
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
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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