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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Sachin Ahlawat – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The present petition has been filed by the petitioner under Section 528 of the BNSS, 2023 seeking quashing/setting aside of order of cognizance as well as summoning order dated 13.02.2025 (Annexure P-1) passed by learned Special Judge (CBI), Panchkula, Haryana, in FIR No.RC0052021A0014 dated 28.06.2021 (Annexure P-2) registered under Section 7 of the Prevention of Corruption Act (hereinafter referred to as 'PC Act') and Section 120-B of the IPC in case tilted as 'CBI Vs. Rohit Sharma and another', case No. PC/10/2022 registered as CNR No.HRPK-01-004807-2022, vide which the petitioner was summoned for committing offence under Section 120-B of IPC.Submissions on Behalf of the Petitioner
2. Learned senior counsel for the petitioner contended that the impugned order dated 13.02.2025, whereby cognizance was taken and summoning orders were issued against the petitioner, suffers from a fundamental legal infirmity. It was submitted that the learned Trial Court has erred in taking cognizance of the case without prior sanction under Section 19 of PC Act, which is a mandatory precondition for prosecuting a public servant for offences under the said Act. Learned
The absence of sanction under the Prevention of Corruption Act does not hinder prosecution under the Indian Penal Code if the offences are distinct and not connected to official duties.
Cognizance of conspiracy does not negate the requirement for sanction under the Prevention of Corruption Act when the accused is involved in the commission of the main offence.
: Grant of sanction for prosecution of a public servant is not an idle formality but same is a mandatory requirement of law.
Cognizance cannot be taken twice for the same offence, and prosecution sanction is mandatory for public servants under the Prevention of Corruption Act.
No previous sanction under Section 197 of the Cr.P.C. is required for a Bank Manager and there is no requirement of obtaining the previous sanction under Section 19 of The Prevention of Corruption Ac....
The necessity of proving demand for illegal gratification and mutual agreement in conspiracy is essential for framing charges under the relevant provisions.
(1) Once a particular set of facts is examined by Central Vigilance Commission whereafter it reaches conclusion that on the basis of material put up before it, no criminal offence is made out against....
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