SHRI SUNIL GARG Vs. THE OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

(2.) The Petitioner is a member of Indian Police Services and had served as a Inspector General of Police of Goa. The Petitioner has approached this Court with a prayer to quash and set aside the order passed by the Additional Sessions Court, North Goa, Panaji, dated 8 January 2018 in Criminal Misc. Application No.87/2016 and/or any investigation or FIR registered pursuant thereof. The order was passed by the learned Magistrate on the application filed by the Respondent No.3.

(3.) The case of Respondent No.3 is as follows: Respondent No.3 had filed a complaint to the Director General of Police, Panaji Goa on 3 August 2015 in respect of one Shrikant Nayak for cheating and other offences. Since this complaint was not acted upon, he approached the higher authorities of the police for directions to the Ponda Police Station to take action on the complaint. Respondent No.3 along with his friend met the Petitioner and during the meeting the Petitioner demanded certain amounts as an illegal gratification. Inspite of payment nothing further taken place pursuant to their agreement. Respondent No.3 had recorded conversations between him and the Petitioner while handing over some amount to the Petitioner. Since the acts of the Petitioner attracted the Prevention of Corruption Act, 1988, Respondent No.3 lodged a complaint to the Officer incharge of the Anti Corruption Branch, Directorate of Vigilance on 11 August 2016 requesting to register an FIR under sections 7 and 13 of the Prevention of Corruption Act, 1988. It was the grievance of the Respondent No.3 that no sanction was accorded and nothing was done in respect of his complaint. Respondent No.3 stated that he approached the Superintendent of Police but no sanction was forth coming. Respondent No.3 filed a Criminal Misc. Application No.87/2016 in the Court of Additional Sessions Judge, North Goa, under section 156(3) of the Code of Criminal Procedure, 1973. The Respondent No.3 sought a direction to the police authorities to register an FIR under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 against the Petitioner.