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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMIT GOPAL
Zia-Ur-Rehman – Appellant
Versus
State of U.P. – Respondent
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 Stati
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.
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....
The main legal point established in the judgment is that acts not in discharge of official duties are not protected under Section 197 of Cr.P.C., and technicalities should not impede the dispensation....
A public servant cannot be prosecuted under the Prevention of Corruption Act without a valid sanction from the competent authority, and such authority cannot delegate its power to grant or refuse san....
The Competent Authority cannot review its earlier decision to refuse sanction without fresh materials, and there is a distinction between absence of sanction and alleged invalidity on account of non-....
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
Where for any reason whatsoever any doubt arises as to whether the previous sanction, as required under sub-section (1) should be given by the Central Government or the State Government or any author....
No sanction under Section 19 PC Act required to prosecute retired public servant if retired before court cognizance; PC Act protection ceases post-retirement.
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