TRIDEV JAN KALYAN SAMITI Vs. U K SUBUDDHI

JUDGEMENT

(1.) In this petition under Section 482 of the Cr.P.C., the petitioner has challenged the order dated 29.01.2015 passed by the Special Judge Sehore under the Prevention of Corruption Act in an un-registered complaint Tridev Jan Kalyan Samiti through Member K.L. Bairagi v. U. K. Subuddhi and another.

(2.) The essential facts for the just and proper adjudication of the petition are given below:-

(3.) Feeling aggrieved by the impugned order, the petitioner has filed this petition contending that for the prosecution of a public servant under the provisions of the Act prosecution-sanction under Section 19 (1) is a condition precedent in view of the decision of the Apex Court as rendered in the case of Anil Kumar,2014 AIR(SC) 1801, but such is not requirement of law for filing sanction for the prosecution under Section 197(1) of the Cr.P.C. with the complaint for registration of it against a public servant for the offences punishable under the I.P.C. Therefore, the Court ought to have registered the complaint against the respondents for the offences of the IPC as alleged in it. Upon this premise, the Court has committed a grave error of law by not registering the complaint against the respondents for the offences punishable under the I.P.C. Therefore, the Court be ordered to register the complaint against the respondents for the relevant offences punishable under the IPC.