RAM LOTAN PANDEY Vs. STATE

JUDGEMENT

(1.) THE Appellant - -Ram Lautan Pande - -was charged Under Section 161 IPC and Section 5(2) of the UP Prevention of Corruption Act. It was alleged that he had accepted illegal gratification of Rs. 40/ - while acting as a Public servant in the Government Roadways Bus Station at Fatehpur on 17 -4 -1960. The court below convicted the Appellant under the aforesaid sections and sentenced him to one year's R.I. Under Section 5(1)(d) and (2) of the Prevention of Corruption Act but did not impose any separate sentence Under Section 161 IPC.

(2.) ONE of the questions raised before the learned Special Judge was whether there was a proper sanction for the prosecution of the case against the Appellant. The validity of the sanction (Ext. Ka 13) was assailed on three grounds: viz.

(3.) IN the present case the learned Special Judge, when he issued summons to the Appellant on 25 -5 -1967 for his appearance in his court, had taken cognizance of the case and was acting Under Section 204 Code of Criminal Procedure. The stage of investigation was over, a charge -sheet had been submitted before him and the issue of summons to the Appellant clearly amounted to taking cognizance of the case by the learned Judge.