SATISH CHAND GUPTA Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the order passed by the Special Judge, Anti Corruption on 18.9.2012, the petitioner has filed the present petition.

(2.) IN this case, the petitioner has made a complaint under Section 156(3) Cr.P.C. to the Special Judge, to register an FIR. The prayer made before the Special Judge was declined, as the petitioner had failed to obtain sanction under Section 19 of the Prevention of Corruption Act.

(3.) COUNSEL for the State disputes the submissions made by counsel for the petitioner. Mr.Mahajan, counsel for the State has placed reliance upon a recent judgment passed by the Apex Court in the case of Anil Kumar & Ors. Vs. M.K. Aiyappa & Anr. reported at 2013 X AD (S.C.) 386, as per which requirement of sanction is a pre -condition for ordering investigation under Section 156(3) Cr.P.C. even at a pre -cognizance stage. Relevant paragraphs of the judgment read as under: