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Documents citing Aman Bhatia vs State on 23 March, 2012

(2) Rajbala vs State Of Nct Of Delhi on 18 April, 2015

8 The argument of Ld. Addl. PP that charge for offence punishable u/sec.­7 & 13 of the PC Act is also made out and reliance upon law laid down in Aman Bhatia's case (supra), does merit consideration. In the cited judgment, Hon'ble High Court of Delhi has held Stamp Vendor to be 'public servant' and amenable to trial for offence punishable u/sec.­7 & 13 of the PC Act, for overcharging. However, perusal of the charge sheet reveals that no investigation has been carried out from the angle of Prevention of Corruption Act. Mandatory sanction u/sec.­19 of the PC Act, for the court to take cognizance, has also not been sought by the IO. In such circumstances, there was no occasion for the Ld. Trial Court to have considered the aforesaid offences. Moreover, the court of Ld. Magistrate is not even competent to have entertained a charge sheet under the PC Act. 5 There is, thus, no error in the order of Ld. MM, on this count. State shall, however, be within its rights to seek further investigation and pray the competent authority for sanction u/sec.­19 of the PC Act, if so advised. 9 For the reasons stated above, I find no illegality or irregularity in the order dated 06.02.2015 passed by Ld. MM. The same is upheld. Revision Petition being meritless is dismissed.
Delhi District Court Cites 4 - Cited by 0 - Full Document
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