STATE OF GUJARAT Vs. PARSHOTTAMBHAI KESHAVBHAI SUTARIYA

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed to quash and set aside common order passed below Exhs.8 and 21 in Special ACB Case No.3 of 2006 dtd. 23/1/2014 passed by the learned 3 rd Addl. Sessions Judge, Veraval.

(2.) An FIR being 15/2003 respondent 1- registered against present Parsottambhai Keshavbhai Sutariya, Principal of Madhavpur, Jambur Sidi Bilali High School, residing at Talala for the offence punishable under Ss. 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988. Thereafter, the investigation which was registered as Special Case No.7/2003 in the Court of 3rd Additional Sessions Judge, Junagadh. Pursuant to that an application at Exh-8 was submitted by the accused objecting to the sanction granted to prosecute him. Said complaint same pending was before the Court. Thereafter, an application at Exh-21 was submitted by the accused in the year 2008 praying therein to discharge him from the charge-sheet filed against him. By order dtd. 23/1/2014, the learned 3rd Additional Sessions Judge, Veraval, Dist: Junagadh application was pleased to and Exh-21 at allow the also the objection at Exh-8 and acquit the accused from the charges of offence punishable under Ss. 7, 13(1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 for want of sanction by exercising power under Sec. 227 of Criminal Procedure Code and closed proceedings.

(3.) While assailing the impugned common order passed below Exhs.8 and 21 in Special ACB Case No.3 of 2006, the learned APP would submit that before the learned trial court, the accused has questioned grant of sanction order granted under Sec. 19 of the Prevention Of Corruption Act, 1988 (in short "the Act"). He would further submit that approach of the learned Special Court to decide the validity and defectiveness of the sanction order of the trial is totally impermissible at threshold. Referring to the order passed by this Court in case of Bhanuben Bagda Vs. State of Gujarat rendered in Criminal Revision Application No.954 of 2019, learned APP would submit that question of absence of sanction can be raised at the inception or at the threshold as it goes to the root of the matter. However, validity of the sanction order can be examined during trial. He would further submit that in absence of sanction, no Court can take cognizance of the offence under the Prevention of Corruption Act and therefore question of absence of sanction can be and has to be addressed at the first instance and even before the inception of special case under the Act. But, once the sanction exists, its legality and validity is not to be questioned and adjudged at threshold, as it is a matter of trial and can be decided during the trial. He would further submit that in the present case, the learned Special Court has committed serious error by allowing application Exhs.8 and 21 by common order and scuttled the proceedings under the Act against the respondent on the ground that sanction is invalid sanction, and therefore, he submits to allow this petition and to quash and set aside the impugned common order.