- (1.) All these four Criminal Revision Petitions arise out of the same First Information Report No. 17 of 1990 registered at Police Station, Anti-Corruption Zone, Shimla. As such I proceed to decide them by a common order.
(2.) The crucial point involved for determination in these revision petitions is : "Whether cognizance of the offence under Section 13 of the Prevention of Corruption Act, 1988(New) corresponding to Section 5(2) of the Prevention of Corruption Act, 1947, could be taken by Special Judge, Shimla when sanction in relation to the prosecution of the petitioner had been refused by the competent authority ?"
(3.) As a corollary thereto another important question for the consideration of this Court arises in case Special Judge, Shimla is held to be empowered to take cognizance of the offence without sanction of the competent authority, could such a Court take cognizance of the offences committed by a public servant under Penal Code during the discharge of his official duties as envisaged under Section 197 of the Code of Criminal Procedure' ?;