J U D G M E N T

Dated this the 8th day of November, 2024 The petitioner challenges Ext.P4 Order, which refused the sanction sought for under Section 17A of the Prevention of Corruption Act ('P.C. Act', for short), vide Ext.P2. The main ground espoused is that no reason, whatsoever is stated in Ext.P4.

2. Having heard the learned Counsel for the petitioner and learned Special Public Prosecutor (Vigilance) on behalf of the respondents, this Court notice that, the sanction sought for vide Ext.P2 under Section 17A appears to be misconceived. speaks of a previous approval for the Police Officer to conduct an enquiry, inquiry or investigation into an offence under the P.C. Act, committed by a public servant. In the instant case, it is not the Police Officer, who is to conduct an enquiry. Learned Counsel would submit that a private complaint was preferred before the Special Court and the Special Court directed to obtain sanction. Such sanction can only be under Section 19 of the P.C. Act, as enjoined by the decision of the Hon'ble Supreme Court in Anil Kumar and Others v. M.K.Aiyappa and Another [ (2013) 10 SCC 705 ].

3. That being the state of affairs, the refusal of sanction sought f