KIRITSINH BHAGVANSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners herein were charge-sheeted and charges were framed against them under Secs. 7, 12, 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 (which will hereinafter be referred to as 'the Act'). While the case was at the stage of recording prosecution evidence, an application dated 2-9- 1997 was moved on behalf of the petitioners stating therein that the prosecution had not obtained the previous sanction for their prosecution and that they could not be prosecuted in absence of previous sanction and, therefore, they may be acquitted. This application Ex. 11 was decided by the Special Judge, City Civil Court No. 10, Ahmedabad by order dated 24-9-1997, who has dismissed the application. Aggrieved from this order dated 24-9-1997 passed by the Special Judge, City Civil Court No. 10, Ahmedabad in Special Case No. 25 of 1995 this Criminal Revision Application has been filed under S.397 of Criminal Procedure Code read with S.27 of the Act.

(2.) Petitioners were serving as Home Guards. Pursuant to a trap arranged by the Anti-Corruption Police, they have been facing the Criminal Case on the basis of the F.I.R. dated 21-1-1995 in which the charge-sheet was filed on 5-7-1995. In the meantime, they were removed from the post of Home Guard on 1-2-1995.

(3.) In support of the application dated 2-9-1997, it was argued before the Special Judge that according to S.19 of the Act previous sanction for their prosecution had not been obtained and, therefore, they cannot be prosecuted. Section 19 of the Act is reproduced as under :