SANDEEP MEHTA,J. - (1.) By way of this misc. petition, the petitioner Kishore Singh has approached this Court for assailing the further proceedings of FIR No. 483/2011 registered with the Anti Corruption Bureau Outpost Sri Ganganagar for the offences under Sections 409, 420, 477A, 120B IPC and Sections 13(1)(C)(D) and 13(2) of the Prevention of Corruption Act.
(2.) During the pendency of the misc. petition, an order of prosecution sanction dated 11.08.2014 was passed against the petitioner which has also been placed on record of the proceedings. Shri A.K. Singh, learned counsel representing the petitioner vehemently urges that there is absolutely no material whatsoever so as to proceed against the petitioner in this matter. The petitioner was posted as a Patwari in the Patwar Mandal, Maler, Tehsil Suratgarh at the relevant point of time. Recommendations issued by the Gram Sewa Sahakari Samiti, Maler for writing off the loan of certain farmers were sent to the petitioner who allegedly verified the same. The FIR was lodged with the allegation that most of the farmers whose loans were written off were not entitled for claiming the said benefit because their lands exceeded the maximum limit of 2 hectares. Shri A.K. Singh points out that the concerned officers of the Cooperative Society have been exonerated in the departmental proceedings by the Joint Registrar. He further urges that the proposals to prosecute them for these very offences have been turned down by the competent authority and prosecution of the petitioner alone for the very same offences is totally unjustified. He urges that the sanctioning authority passed the sanction order so as to prosecute the petitioner with total non-application of mind without even barely adverting to the relevant material and thus assailed the sanction order dated 11.08.2014 as being totally laconic and bereft of reasons. He thus contends that the misc. petition deserves to be accepted and the proceedings of the impugned FIR should be quashed.
(3.) Per contra, learned Public Prosecutor assisted by the investigating officer Shri Rajendra Prasad, Addl. S.P., ACB Sri Ganganagar vehemently opposes the submissions advanced by the petitioner's counsel and urges that as sanction order has been issued by the competent authority for prosecuting the petitioner, this Court should be loath to interfere in the proceedings while exercising its inherent powers.;