- (1.) HEARD learned counsel for the petitioner as well as learned Additional Government Advocate for State of U.P.
(2.) PRESENT petition has been moved by accused -petitioner, Dr. Darshan Lal, under Section 482 Cr.P.C. with prayer to set aside impugned order dated 22.6.2007 passed by learned Special Judge/Sessions Judge, Unnao whereby he has rejected final report submitted by CB, CID, Lucknow and has summoned accused petitioner for offences under Sections 409, 420, 467, 468, 471and 120 -B of IPC and Section 13(1)(D) Prevention of Corruption Act.
(3.) LEARNED counsel for the petitioner contended that Section 19(1) of the Prevention of Corruption Act, 1988 provides that no court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 of the Act alleged to have been committed by a public servant, except with the previous sanction of authorities mentioned in entry a,b and c of Sub -section 1 of Section 19 but no sanction has been obtained from competent authority for prosecution of accused -petitioner for offence under Section 13(1)(D) of the Prevention of Corruption Act, 1988. Therefore impugned order dated 22.6.2007 whereby learned Special Judge/Sessions Judge has taken cognizance against accused -petitioner is contrary to law. Learned Additional Government Advocate contended that sanction under Section 19 of the Prevention of Corruption Act, 1988 is not required for offences under Sections 409, 420, 467, 468, 471 and 120 -B of Indian Penal Code.;