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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
Jagdish Prasad Phulwari – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition has been filed by the accused- petitioner under Section 528 of the BNSS with a challenge to quash and set aside the impugned order of prosecution sanction dated 09.10.2023 by which sanction to prosecute the accused-petitioner has been granted for offences punishable under Sections 7 and 7A of the Prevention of Corruption (Amended) Act, 2018 and Section 120-B IPC in connection with FIR No.311/2022 registered at Police Station ACB, Jaipur on 05.08.2022.
2. The basic submission of learned counsel for the petitioner is that while issuing the prosecution sanction vide order dated 09.10.2023, the authority concerned has not made the order with his due application of mind. He further submits that the concerned authority has issued the order of prosecution sanction merely by relying upon the conclusion/version of the Investigating Agency without citing any reasons for acceptance or non-acceptance of the view of the Investigating Officer. He further submits that it was obligatory upon the Sanctioning Authority to give out the reasons either for accepting the conclusion of the Investigating Agency or not accepting the same. In support of his submissions,
The sanctioning authority must provide reasons and demonstrate due application of mind when granting prosecution sanction under the Prevention of Corruption Act.
The court ruled that prosecution sanction must reflect independent application of mind and cannot be a mere repetition of the draft submitted by the prosecution agency.
The court held that while it can review sanctions for prosecution under the Prevention of Corruption Act, disputed facts must be resolved in criminal court, not through writ jurisdiction.
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
Point of law : Sanctioning authority while granting sanction ought to have recorded their satisfaction that on what basis he arrived at the conclusion to grant sanction.
The prosecution sanction must reflect the authority's independent application of mind to all relevant materials, ensuring due process in granting prosecution under the Prevention of Corruption Act.
The sanctioning authority must base prosecution approval on new evidence not previously considered; prior refusals cannot be overturned without new material.
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