RAM KISHORE SHUKLA Vs. ANIL AGRAWAL

JUDGEMENT

(1.) THE applicant has filed this revision under Section 397 read with Section 401 of Cr.P.C. assailing the order dated 25.02.2014 passed by the Special Judge under the Prevention of Corruption Act, 1988 in Miscellaneous Judicial Case No.13/2014 whereby the complaint filed by the applicant has been returned back to the complainant for filling the same after obtaining sanction for prosecution against the non -applicant/proposed accused persons.

(2.) BRIEFLY stated that the applicant /complainant has filed a complaint under Section 200 Cr.P.C. against the proposed accused persons claiming that there has been abuse of the official position by the non -applicants and allegedly committed offence under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. The learned Trial Court by the impugned order held that the Special Court has to exercise jurisdiction on the complaint in terms of Section 200 Cr.P.C. without a valid sanction order under Section 19 (1) of the Prevention of Corruption Act, 1988 cannot order any investigation, against the public servants. It returned the complaint filed by the applicant with the observation that the complaint may be filled after obtaining proper sanction for prosecution.

(3.) HEARD the counsels for rival parties.