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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Rekhraj S/o Shri Manaram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant Criminal Misc. Petition has been filed assailing the order dated 21.10.2022 passed by the District Collector (Land Records), Hanumangarh, whereby prosecution sanction came to be accorded against the petitioner in connection with FIR No.148/2022 registered at Police Station Anti Corruption Bureau, Jaipur Chowki Hanumangarh, for offences under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 and Section 120-B IPC.
2. The brief factual matrix, as emerging from the record, is that one Narendra Singh submitted an application dated 21.02.2022 before the Nayab Tehsildar, Sub-Tehsil Talwada Jheel, Tehsil Tibbi, District Hanumangarh seeking attestation of mutation on the basis of a Will executed in his favour. Pursuant thereto, proceedings were initiated by the office of the Nayab Tehsildar and after obtaining requisite reports from the concerned Patwaris and completing all procedural formalities, a final order regarding attestation of mutation came to be passed on 22.04.2022.
2.1. It is the case of the petitioner that despite culmination of the mutation proceedings, the complainant Narendra Singh, actuated by oblique motives and ulterior considerations, l
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 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 validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
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