LAWS(RAJ)-2013-7-345

MANOJ SINGH Vs. STATE

Decided On July 04, 2013
MANOJ SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Misc.Petition under Sec. 482 Crimial P.C. has been filed by the petitioner for setting aside the order dated 03.02.2012 whereby the prosecution sanction has been accorded against the present petitioner and proceedings are pending in FIR No. 113/2010 registered at Police Station, CPS, ACB, Jaipur for the offences under Sections 7,13(1)(d), 13(2) of Prevention of Corruption Act, 1988.

(2.) The short facts relating to the Misc. Petition are that complainant Virendra Singh along with his father submitted a written complaint against Mahaveer Prasad, Sub Inspector, Rajasthan Police, upon which FIR No. 113/2010 was registered. The allegations alleged in the FIR are that Virendra Singh has paid 500 to Mahaveer Prasad and balance amount of 500.00 was to be paid thereafter. Trap Proceedings were laid but remained unsuccessful. After investigation, the competent authority has not accorded the prosecution sanction for Mahaveer Prasad but present petitioner has been implicated as an accused. He has not been named in the FIR. He has not demanded any bribe. Nothing has been recovered at his instance and no transcript of conversation between the present petitioner and complainant Virendra Singh has been recorded, in spite of this, sanction has been accorded for him even when no sufficient material was available on record to accord prosecution sanction against Manaveer Prasad who has taken bribe money and sanction has been refused for him. There is no basis to grant sanction for the present petitioner in spite of the fact that the case of the petitioner was on better footing in comparison of Mahaveer Prasad hence proceedings against the present petitioner should be quashed.

(3.) Per contra, contention of learned Public Prosecutor is that in FIR, present petitioner has been named and prosecution sanction has been accorded rightly against him.