STATE Vs. SMT. ASHOKRAJE PARMAR

JUDGEMENT

(1.) HEARD . This petition under section 482 Cr.P.C. has been filed by the petitioner for quashment of the proceedings initiated before the Court by respondent No. 1 Shrimati Ashokraje Parmar.

(2.) A private complaint was filed before the Court for offences under sections 406, 420, 467 and 468 IPC and section 7 of the Prevention of Corruption Act. The Court issued directions to the present petitioner to enquire the matter. It is submitted by the learned counsel for the petitioner that the offences are relating to Prevention of Corruption Act and in view of the judgment of Hon'ble the Supreme Court passed in Anil Kumar v. M.K. Aiyappa, : (2013) 10 SCC 705, prior sanction is necessary before invoking power under section 156(3) Cr.P.C. There was no sanction, hence, the proceedings initiated before the Court were contrary to law. Hon'ble the Supreme Court has held as under in regard to taking prior sanction for prosecution before invoking power under section 156(3) Cr.P.C.:

(3.) ADMITTEDLY , in the present case, no sanction has been taken by respondent No. 1 before initiating proceedings. Hence, the proceedings initiated are contrary to law.