Rajasthan High Court - Jodhpur
Kamlendra Kumar Gupta & Anr vs State Of Rajasthan & Anr on 30 March, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.736/2015
Kamlendra Kumar Gupta & Anr.
Vs.
State of Rajasthan & Anr.
Date of order : 30.03.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Sushil Bishnoi for the petitioner. Mr. Vikram Rajpurohit, Public Prosecutor. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.3/2015 dated 6.01.2015 registered at Police Station, Anti Corruption Bureau, Jaipur, Bikaner for the offences punishable under Sections 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B I.P.C. It is contended by learned counsel for the petitioner that as per Section 19 of the Prevention of Corruption Act, 1988, before launching any prosecution against a public servant, the prosecution is required to obtain previous sanction from the competent authority, however, in this case no such sanction was sought for by the prosecution. Learned counsel for the petitioner has placed reliance on "Anil Kumar & Ors. Vs. M.K. Aiyappa and Anr." reported in 2013 R.Cr.D. 690 2 (SC), and prays that further proceedings be stayed.
Issue notice. Issue notice of stay petition also.
Learned Public Prosecutor accepts notice on behalf of respondent No.1-State.
Let notice be issued to respondent No.2 only.
Meanwhile, it is ordered that during the pendency of this criminal misc. petition, the further proceedings in FIR No.3/15 of Police Station, Anti Corruption Bureau, Jaipur, Bikaner shall remain stayed.
[VIJAY BISHNOI],J.
Babulal/ 44