AJAY KUMAR KAWARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Cr.P.C. for quashing the impugned order of sanction dtd. 19/3/2020 (Annexure P/18) issued by respondent No. 3 against the petitioner, the Special Case No. 01/2018 pending against the petitioner before the learned Special Judge, Prevention of Corruption Act, 1988, Dantewada, District-Bastar (C.G.) as well as to quash and set aside the impugned charge-sheet No. 38/2016 dtd. 24/1/2018 (Annexure P/11) and supplementary charge-sheet No. 38-A/2016 dtd. 12/5/2020 (Annexure P/19).

(2.) The case of the prosecution, in brief, is that in the year 2015-2016, when the petitioner was posted and serving as a Range Officer at Sukma, District- Bastar (C.G.) in the forest department of Government of Chhattisgarh, the respondent Anti Corruption Bureau (ACB), Jagadalpur on a secret information that the petitioner earned and owned disproportionate properties, conducted a search operation on the house and other places allegedly owned and possessed by the petitioner. The ACB has recovered and seized certain properties and valuables allegedly belonging to the petitioner, his wife and one of his distant relatives. Based on the such recovery and seizure of disproportionate properties, Crime/FIR No. 41/2015 dtd. 17/07/2015 was registered against the petitioner at respondent No. 6/Anti Corruption Bureau, Jagdalpur District- Bastar (C.G.) for commission of offence punishable under Sec. 13(1)(e) and 13(2) of the Prevention of Corruption Act 1988 (for short 'the Act, 1988').

(3.) On 4/9/2015, the respondent ACB, directed the petitioner to submit the details of his properties and a notice dtd. 05/02/2016 was issued to the wife of the petitioner namely Smt. Lakshmi Kaware under Sec. 91 of the Cr.P.C. directing her to submit information in Form No. 1, 2 and 3, but, no explanation was given by the wife and relatives of the petitioner. The prosecution after collecting the evidence and materials on record and also considering that no details of income and expenditure incurred by the petitioner, the ACB has submitted final charge-sheet under Sec. 173 Cr.P.C. for commission of offence under Sec. 13(1)(e) and 13(2) of the Prevention of Corruption Act before the Special Judge (Anti Corruption) which is registered as Special Case No. 1/2018.