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NARENDRA SINGH DHADDHA
Purushottam Jeswani S/o Late Shri Chhattaram Jeshwani – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
NARENDRA SINGH DHADDHA, J.
1. By way of this petition, the petitioner has prayed to quash and set aside the criminal proceedings in Criminal Case No. 96/2016 (47/2014) titled as State Vs. Purushottam Jeswani pending before Special Judge (Prevention of Corruption Act) Cases No. 2, Jaipur, as also the charge sheet No. 309/2014 and FIR No. 277/2014 registered at Police Station Anti Corruption Bureau, Jaipur and the cognizance order dated 08.10.2014 passed by Special Judge (PC Act Cases) No. 1, Jaipur and all consequential proceeding thereto qua the petitioner.
2. Brief facts of the case are as under:
The absence of evidence proving demand for illegal gratification under the Prevention of Corruption Act led to the quashing of criminal proceedings against the petitioner.
The main legal point established in the judgment is that the sanction must be accorded by the Competent Authority as per Sec. 19 of the Prevention of Corruption Act, and the material collected for on....
Investigation and charges deemed void due to lack of lawful authority and failure to adhere to procedural safeguards, making subsequent proceedings untenable.
Sanction for prosecution under section 196A is essential for conspiracy charges against military personnel, and failure to comply invalidates such charges.
The judgment emphasizes the importance of establishing a prima facie case based on ample evidence in corruption cases, and the need for judicial officers to be trained in handling cases under the Pre....
The court held that prior approval for investigation under Section 17A of the Prevention of Corruption Act is unnecessary in cases involving direct allegations of corrupt conduct by public officials.
The court dismissed the petition to quash criminal proceedings, affirming that prima facie evidence of misconduct and negligence under relevant statutes was established.
The court ruled that if a petitioner is exonerated in a departmental inquiry on merit, the same allegations cannot be prosecuted further in criminal proceedings due to the higher standard of proof re....
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