Post-cognizance, sanction validity under PC Act examined at trial, not discharge stage. Manager of government-aided minority institution approved by authority is public servant under IPC Section 21.

JUDGMENT :

SAMIT GOPAL, J.

1. Heard Shri Syed Ali Murtza, learned Senior Advocate assisted by Shri Raza Abbas, learned counsel for the revisionist, Shri Ajay Singh, learned AGA-I for the State-opposite party and perused the record.

2. This criminal revision under Sections 438 & 442 of BNSS, 2023, has been preferred by accused- Zia-Ur-Rahman before this Court against the order dated 29.09.2025 passed by the Additional District and Sessions Judge/Special Judge, Anti Corruption, Meerut, in Case No. 41/185 of 2017 (State of UP v. Fazal-ur-Rahman and others), arising out of Case Crime No. 17 of 2008, under Sections 408, 409, 120-B IPC and Section 13(1)C r/w (2) of the Prevention of Corruption Act, 1988, Police Station- Chhatari, District- Bulandshahar, whereby the trial court concerned has rejected the application for discharge dated 26.08.2025 of the accused-revisionist filed under Section 227 CrPC and numbered as Application No. 80-Kha.

3. The facts of the case are that a First Information Report was lodged on 27.01.2008 as Case Crime No. 17 of 2008, under Sections 409, 420, 467, 468, 120-B IPC and Sections 7/13(1)D r/w Section 13(2) of the Prevention of Corruption Act, 1988, Police Station- Chhatari, District- Bulandshahar by Ram Murti Yadav (Inspector), Uttar Pradesh Vigilance Establishment, Meerut Division, Meerut against the revisionist and Fazal- ur-Rahman, the Head Clerk. The matter was investigated and a charge sheet dated 8-12-2017 was filed against both the accused under , 408, 120-B and Sections 13(1)C r/w (2) of the Prevention of Corruption Act, 1988, on which, the court concerned took cognizance vide its order dated 21-12-2017. A sanction for prosecution against the applicant and co-accused under Section 19 of the Prevention of Corruption Act r/w Section 197 CrPC was accorded vide order dated 17-5-2017 by the District Inspector of Schools, Bulandshahar.

4. After filing of charge sheet dated 8-12-2017, an application under Section 482 CrPC No. 10516 of 2018 (Zia-ur-Rahman v. State of UP and another), challenging the entire proceedings of the aforesaid charge sheet dated 8-12-2017, as pending before the Special Judge, Prevention of Corruption Act, Meerut was filed before this Court, in which, a Division Bench of this Court, by order dated 30-3-2018, although refused to interfere in the matter and the prayer as made was refused, but directed that the applicant therein shall appear and apply for bail, and the bail was directed to be decided as per the directions given therein. The said order is extracted herein below:

"Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of charge sheet dated 8.12.2017 in Case No.41/185 of 2017, Case crime no. 17 of 2008, u/s 13(1)(c) read with Section 13(2) Prevention of Corruption Act and u/s 408,409,120B IPC pending before the learned Special Judge (Prevention of Corruption Act), Meerut.

The contention of the counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no off