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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
K.C. Meena S/o Shri Sauratyara Meena – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This instant criminal misc. petition has been filed by the petitioner under Section 482 of Cr.P.C. with the following prayer:-
“It is, therefore, humbly prayed your lordships may very graciously be pleased to accept this Misc. Petition and the FIR No. 336/2010 dated 28/10/2010 (Annexure-1) registered at Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Jaipur District Chowki A.C.B. Kota for the offence under Sections 8, 10, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and Under Section 120-B I.P.C. qua accused petitioner may kindly be quashed and set aside and the order dated 10/2/2017 (Annexure-3) passed by the learned Special Judge, Sessions Court, Prevention of Corruption Act, Kota taking cognizance Under Section 120-B IPC and Under Section 13(1)(d) read with Section 13(2) or 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 read with Section 120-B I.P.C. qua petitioner at the time of framing of the charges against those persons against whom, challan was filed without the sanction of the Govt. and directing the Supdt. of Police, Anti Corruption Bureau, Kota to produce the sanction after obtaining the same in Sessions Case No. 21/2015 may al
Cognizance cannot be taken twice for the same offence, and prosecution sanction is mandatory for public servants under the Prevention of Corruption Act.
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....
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
Point of Law : Inherent power can be exercised to prevent abuse of process of any Court or otherwise to secure the ends of justice.
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
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