- (1.) By way of this misc. petition, the State of Rajasthan has approached this Court being aggrieved of the order dt. 28.9.2012 passed by the learned Special Judge, (Prevention of Corruption Act) (Sessions Court), Udaipur in Sessions Case No. 149/2010 whereby, the learned Special Judge allowed the application filed by the accused respondents under Sec. 19 of the Prevention of Corruption Act and dropped the proceedings holding that since, no prosecution sanction was available on the record, the prosecution of the respondents in the case involving the offence under the Prevention of Corruption Act was impermissible. I have heard the arguments advanced by the learned counsel for the parties and have gone through the impugned order.
(2.) The learned trial Court appears to have been unnecessarily swayed by the observations made by this Court in S.B. Cr. Misc. Bail Application No. 4502/2010 decided by this Court on 20.7.2010 in which order, this Court with reference to the case diary, noted that till the date of passing of the order, no sanction order was available on the record of the case. As against this, the learned Public Prosecutor submits that the sanction order dt. 31.12.2009 is available on the record. The fact regarding grant of prosecution sanction is duly mentioned in the charge-sheet. Thus, he submits that the trial Judge was totally unjustified in dropping the proceedings of the criminal case which as per the learned Public Prosecutor, is as a result of the misreading of the record.
(3.) Shri Harish Purohit, learned counsel for the respondents frankly concedes that this Court while granting anticipatory bail to the accused, only observed that till the passing of the order, the sanction order was not available on the case diary. However, he is not in a position to deny the fact that the matter was pending before the competent authority for grant of sanction and that before filing the charge-sheet, sanction was duly accorded to prosecute the respondents accused Om Prakash Badgujar and Shyam Singh Tamboli.;