Prosecution sanction is required before initiating the prosecution of a government servant for corruption.

JUDGMENT :

Dinesh Kumar Singh, J.

1. Heard Sri Rajesh Pathik, learned counsel for the applicant and Sri S. K. Rajbhar, learned A.G.A. for the State and perused the record.

2. None appeared from the side of Opposite Party No. 2, although Vakalatnama has been traced out by the office and has been placed on record.

3. This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 21.07.2014 passed in Complaint (Special) Case No. 2 of 2013 (Puran Prasad Gupta Vs. Vijay Kumar Chaturvedi) pending before Additional Session Court-I, Maharajganj as well as prayer is made to stay the further proceedings of the above said case.

4. In order to understand the dispute involved in this case, it would be appropriate to give in brief facts of the case, which are as follows:

An Application under 156(3) Cr.P.C. was moved by Opposite Party No. 2/complainant of this case Puran Prasad Gupta stating therein that he had applied for a loan of an amount of Rs. 5,00,000/- by Poorwanchal Gramin Bank, Branch Nichlaul on 01.05.2012, which was to be sanctioned under "Mukhyamantri Gramodoyog Rojgar Yojna". After sanction of loan file of the same was made available to the accused-applicant on 25.05.2012. At the instance of the accused, Chartered Accountant had submitted project report and the valuation of the residential plot of the guarantor was also made available on the basis of registered deed by the Engineer. Tehsildar had also made evaluation. Necessary documents were also prepared by the authorized advocate of the Bank and for completing all these formalities approximately an amount of Rs. 15,000/- was spent by Opposite Party No. 2 apart from Rs. 5,000/- which were also spent by the Opposite Party No. 2 on other expenditure. After having completed all the formalities when the Opposite Party No. 2 sought information from the Assistant Branch Manager of Poorwanchal Gramin Bank, Branch Nichlaul, he made him run again and again on one pretext or the other and ultimately, on 04.09.2012, he demanded 10 % of the sanctioned loan amount before he would release the funds which were sanctioned as loan. At this, the Opposite Party No. 2 asked him to provide him the receipt of the said amount pursuant to which he had promised to pay the 10% amount but it was told by the applicant that he would not be able to give the said amount of loan without the payment of the 10% of sanctioned loan amount. This act of the applicant was covered in corrupt practices and hence he was told that he would make a complaint against him in this regard. Thereafter, the applicant refused, left the place after abusing the Opposite Party No. 2 in a huff/anger and gave threat that he would get him implicated in false case of loot. A complaint was given to higher authorities against the applicant but to no avail. An application was also given at the police station concerned but nothing was done. Hence, a registered complaint was sent to the Superintendent of Police, Maharajganj on 23.01.2013 but even then no action was taken. The present case was registered by the trial court as a complaint case as Special Case No. 2 of 2013. After its registration, the statement of the complainant was recorded under Section 200 Cr.P.C. on 06.06.2013 in which the said facts have been narrated as were mentioned in the complaint and in support of his case, the Opposite Party No. 2 got examined two other witnesses also under Section 202 Cr.P.C. namely Sudhanshu Tiwari S/o late Jagdish Narayan and Govind Kumar S/o Ram Avtar and both of them have supported the version of the complainant to the effect that the applicant was asking 10% of the sanctioned loan amount from Opposite Party No. 2 for release of amount of loan by way of commission and when the same was not given then it was told that a complaint would be made against him. The accused left the place in a great anger abusing the Opposite Party No. 2 and also threatening that he would implicate the Opposite Party No. 2/co