M.N. Bhandari, J. - (1.) BY this criminal misc. petition, a challenge is made to the criminal proceedings in Case No. 65/2006, pending with the Special Judge, Sessions Court, Anti Corruption Act, Kota.
(2.) LEARNED counsel submits that petitioner was the Chairman of the Municipal Board thus falls in the category of 'public servant'. The previous sanction for prosecution was not taken before the order of cognizance of the offence as is required under section 19 of the Prevention of Corruption Act, 1988 (for short 'the Act'), hence, order for cognizance of offence becomes illegal so as the criminal proceedings. The petition refers section 197 Cr.P.C. but arguments were not made for it. It is further stated that in the judicial enquiry under the Rajasthan Municipalities Act, petitioner has been exonerated thus criminal proceedings should not be allowed to continue in those circumstances as it would otherwise amount to double jeopardy.
(3.) IT is lastly contended that one co -accused namely Pooranmal, the then Assistant Engineer, was also implicated in the case, however, sanction for prosecution was not given, thus for the aforesaid reason also, petitioner is entitled to the relief as prayed for in this petition.;