UDAY PRATAP SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of Cr.P.C. for quashing the complaint filed by respondent No. 2 (Annexure P/1) and order dated 11/12/2012 passed by the Special Judge under Prevention of Corruption Act, Gwalior and the consequent F.I.R. lodged (Annexure P/2) passed in complaint case (Manish Gupta Vs. M/s. Uday Pratap and Others).

(2.) THE matrix lies in a narrow compass whether the Special Judge/Magistrate is justified in referring a private complaint made under Section 200 Cr.P.C. for investigation to the Lokayukt Police, in exercise of powers conferred under Section 156 (3) of Cr.P.C. without the production of valid sanction order under Section 19 of the Prevention of Corruption Act, 1988?

(3.) ON the basis of the complaint, the learned Special Judge (under the P.C. Act, 1988), on 11.12.2012 ordered to send a copy of the complaint to the Lokayut Police and called for a report. Pursuant to the same, the Lokayukt Police, Bhopal, lodged an F.I.R. registered Crime No. 14/13 on 29.1.2013. The case was consigned in the record room, by order dated 29.4.2014, with a direction that when the Lokayut Police files the report, the case may be called from the record room and proceed in accordance with law.