Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MANOJ KUMAR GARG, J
Tejaram S/o Sh. Narsing Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1.Instant criminal revision petition has been filed under Section 397 /401 Cr.P.C against the order dated 12.09.2024 passed by the learned Special Judge, ACB, Pali in Sessions Case No. 02/2024 whereby, the learned Judge ordered to frame charges against the petitioner for offences under Section 07 of Prevention of corruption Act.
2. Brief facts of the case are that a complaint was filed by the complainant Devendra Kumar stating therein that he is employed as Constable at Police Station Abu Road and the accused is seeking illegal gratification of Rs. 1,50,000/- from him, claiming to act on behalf of Superintendent of Police, in exchange for not placing him under suspension. Upon receipt of the complaint, the police registered a case under Section 7 of the Prevention of Corruption Act and initiated an investigation.
3. After due investigation, the police filed chargesheet against the petitioner for offence under Section 7 of the P.C. Act and the matter was committed to the court of Special Judge, ACB Cases, Pali. Subsequently, the learned trial court after hearing the arguments on charge, proceeded to frame charges against the petitioners vide impugned orde
Section 17A of the Prevention of Corruption Act requires prior approval for investigating public servants, but its absence does not invalidate proceedings; corrective measures can be taken later.
Prior approval from the competent authority is mandatory before investigating public servants under the Prevention of Corruption Act, ensuring protection against frivolous complaints.
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
Criminal prosecution of public servant – No camouflage proceedings can be permitted to get over rigour of Section 17A of P.C. Act – Sanction obtained post facto under Section 19 of P.C. Act cannot cu....
Initiation of criminal proceeding – Absence of approval as contemplated in Section 17A of Prevention of Corruption Act, 1988 for conducting enquiry, inquiry or investigation of offences alleged to ha....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
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.
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
