2005 Supreme(Raj) 2476
Supreme Court
Honble S. B. SINHA, J. Honble R.V. RAVEENDRAN, J.
Romesh Lal Jain - Appellant
Versus
Naginder Singh Rana and Others - Respondents
Appeal (Crl.) 691 of 2003
Decided On : October 28, 2005
Headnote:Cr.P.C., 1973, Sec. 197 read with Penal Code, Sec. 409, 167, 218, 419, 420, 465, 468 & 471 and Prevention of Corruption Act, 1988, Sec. 13(2) – How far a sanction against a public servant for commission of an offence punishable u/Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 409, 167, 218, 419, 420, 465, 468 and 471 of Penal Code is essential in this appeal ? – Held, no order of sanction to prosecute first respondent u/Sec. 197 Cr.P.C. was necessary to be obtained from the State – High Court was not right in passing the impunged order particularly in view of fact that a valid order of sanction was granted in relation to offences under the Act of 1988 Act.
Act Referred
INDIAN PENAL CODE : S.468, S.465, S.409, S.419, S.420, S.471, S.167, S.218
PREVENTION OF CORRUPTION ACT : S.13(2)
(2). On the basis of the said allegations contained in Appellants letter dated 31.8.1992, a First Information Report was lodged . However, upon investigation an untraced report was sent to the Court of Hardian Singh, Special Judge, Faridkot, who did not agree therewith and by an order dated 23.05.1998 opined that the statements of the witnesses recorded during investigation supported the case of the complainant and the matter required judicial verdict. The learned Special Judge, therefore, directed the Investigating Officer to obtain sanction for the prosecution against the Respondent herein and submit a final report. The said order dated 23.05.1998 came to be challenged by the First Respondent herein in a Criminal Revision which was marked as Criminal Revision No.1100 of 1998 before the Session Judge wherein it was observed that no cognizance could be taken by the Special Judge without obtaining proper sanction and it would be open to the Sanctioning Authority to consider the same. In the meanwhile, the Respondent was promoted as Inspector. The Deputy Inspector General of Police, Jallandhar Range, issued an order of sanction on or about 04.02.1999, which is in the following terms :
"Therefore, now I Suresh Arora, IPS Deputy Inspector General of Police, Jalandhar Range, Jalandhar having powers to dismiss the SI (now Inspector) Naginder Singh Rana No.50/PR from service, grant sanction under section 197 of Cr.P.C. and under section 13(2) P.C. Act, 88 so that the competent court may take legal action against him for the above offence."
However the said order of sanction was withdrawn by the State in terms of an order dated 10.12.1999 as contained in a letter addressed to the Additional Director General of Police, Crime Punjab, Chandigarh, which is as under :
"2. Under section 197 Cr. P.C. only Government is competent to accord prosecution sanction. Therefore, the prosecution accorded by the Deputy Inspe