Mahesh Chandra Sharma, J. - (1.) BY moving misc. stay application under Section 397 read with Section 401 Cr.P.C, the accused petitioners have prayed to direct the prosecution and the department not to take any step in furtherance of grant of sanction vide order dated 1.9.2008 during pendency of this criminal revision.
(2.) BRIEF facts of the case in nutshell are that petitioner No. 1 was posted as A.En., Irrigation Department, whereas accused petitioners No. 2 and 3 were J.Ens., in the" same department. A complaint was lodged as FIR No. 46/1996 by the Anti Corruption Bureau, Bharatpur wherein the works of providing Spillway in Wire mesh creates in Banganga River at Kharbara Kenal was made the subject of inquiry. Mr Madhav Mitra, Counsel for the accused petitioners submit that copy of the order dated 1.9.2008 has neither been served on the petitioners not any copy has been given to the petitioner. The order dated 19.7.2005 passed by the Special Judge, Sessions Court, Anti Corruption Act, Kota by which it forwarded the matter to the competent officer for according prosecution sanction is patently illegal and it has exceeded its jurisdiction which is vested in it and it has passed the order dated 1.9.2008 in a mechanical manner. The mind of the sanctioning authority should not have been under any pressure from any quarter nor any external force has to be used at the time of taking such decision.
(3.) MR . Mitra drawn attention of this Court to the following Judgments: 1. Mansukhlal Vithalda Chauhan v. : 1997CriLJ4059 ; and 2. Prabhulal Gaur v. State of Rajasthan, 2000 (1) WLC (Raj.) 135 :, RLW 1999 (3) Raj. 1436. Per contra Mr. B.N. Sandu & Mr. D.D. Sharma, Public Prosecutor vociferously controverted the aforesaid arguments and submitted that the order dated 19.7.2005 passed by Special Judge, Sessions Court, Anti Corruption Act, Kota is neither in the directive form nor in the mandatory form.;