MAXI KUJUR Vs. STATE OF C.G.

JUDGEMENT

(1.) By way of present revision petition, filed under Section 397 read with section 401 of the Code of Criminal Procedure, the applicant seeks to challenge the legality and validity of the order dated 18/10/2016 passed by Special Judge, (Anti Corruption), Durg in Criminal Case No. 03/15, whereby applicant's application under Section 19 (4) of the Prevention of Corruption Act, 1988 (for short, 'PC Act') for dropping the proceedings by holding the sanction as not valid, has been rejected.

(2.) The applicant at the relevant time was working as Executive Engineer in the Department of Irrigation, Government of Chhattisgarh. There were leveled allegations of corruption against the applicant while working in official capacity as Executive Engineer in the matter of construction of Irrigation Project through the Contractor. Special Investigating Agency, the Anti Corruption Bureau of the State of Chhattisgarh registered a criminal case on the allegation of commission of offence under the PC Act and carried out investigation. After completion of investigation, relevant records, documents and the evidence collected during investigation were forwarded to the controlling department i.e. Department of Water Resources. The records were placed before the Department of Law and Legislative Affairs, which granted sanction for prosecution of the applicant on 10/06/2015. The charge-sheet was filed on 02/07/2015 alleging commission of offence under Section 7, 13 (1) (d), 13 (2) of the PC Act that the applicant was caught red handed taking a bribe of Rs. 54,000/-.

(3.) At this initial stage, upon submission of charge-sheet before the Court, even before charges were framed, the applicant herein, moved an application under Section 19(4) of the PC Act before the trial Court with the prayer that the criminal case against the applicant be dropped as the sanction was granted by the Department of Law and Legislative Affairs, whereas the appointing and controlling authority of the applicant is the Secretary, Department of Water Resources, Government of Chhattisgarh. The applicant herein also sought dropping of the proceeding on the ground that the sanction was not valid as there was no proper application of mind, examination of records, before grant of sanction and even before framing of charges, the prosecution was required under the law to first examine the authority who granted sanction as witness, to prove valid sanction and without proof of valid sanction, criminal case could not proceed further.