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GURVINDER SINGH GILL
Prem Sagar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Gurvinder Singh Gill, J.
The petitioner assails order dated 25.11.2019 passed by the Special Court, Sangrur vide which an application dated 7.7.2019 (Annexure P-13) filed by the petitioner seeking his discharge has been declined.
2. A few facts, necessary to notice for disposal of the petition are that the petitioner was appointed as a Clerk in Municipal Council, Sangrur vide order dated 22.8.1985. One FIR i.e. FIR No. 9 dated 20.4.2018, under sections 7, 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Patiala Range, Patiala (Annexure P-1) was lodged against the petitioner at the instance of Anil Kumar wherein he alleged that he intended to sell his house and for which he was in need of NOC which was to be issued by the Municipal Council, Sangrur. The complainant met Prem Sagar Gulati (petitioner) who demanded illegal gratification of Rs. 4,000/- for getting the NOC issued. The said amount was settled at Rs. 2,500/- which the complainant was told to bring on 20.4.2018. However, since the complainant did not wish to pay the bribe amount, he reported the matter to the Vigilance Bureau. A trap was laid and the petitioner was caught red han
The requirement of prior sanction under the Prevention of Corruption Act is essential for the prosecution of public servants, and failure to obtain it renders proceedings void unless it results in a ....
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....
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
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