GAURISHANKAR PURSHOTTAMDAS JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioner - original accused calls in question the legality and validity of the order dated 9th December, 2013 passed by the 5th Additional Sessions Judge, Nadiad rejecting the report filed by the A.C.B. under Sections 169 of the Code of Criminal Procedure, 1973, and taking cognizance against the petitioner for the offence punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) The facts giving rise to this application may be summarized as under:

(3.) Mr. Choksi, the learned counsel appearing for the petitioner submitted that in the case in hand, there is no sanction under Section 19 of the Act, 1988 and in the absence of the same, the Additional Sessions Judge could not have taken cognizance of the offence under the Act, 1988. He submitted that sanction under Section 19 of the Act, 1988 is a condition precedent for taking cognizance of the offence under the Act, 1988. He, therefore, submitted that the impugned order deserves to be quashed.