(1.) The petitioner is being prosecuted for an offence under S. 7 read with 5. 13(1) (d) and 13(2) of the Prevention of Corruption Act 1988 and he seeks to thwart it on the ground that there is absence of valid sanction for this prosecution.
(2.) The allegation against the petitioner is that one Surendra Kumar Chauhan was the President of Ratnakar Girh Nirma Cooperative Society which was superceded by the Registrar on 19.7.1990 and the petitioner was appointed its administrator. He took charge of the records of the society. According to the petition, there was discrepancy in the cash-book and the informant was accordingly noticed and in pursuance whereof, he along with one Shankar Naik met the petitioner in his office on 3.8.1990. The petitioner alleged that the, informant has defalcated the amount and he will set it right, provided he is paid a sum of Rs. 5000/- as illegal gratification. The informant was asked to come with the said amount on4.8.1990at 11:00 a.m. The informant reported the matter to the Special Police Establishment. A trap was laid and the petitioner received the said sum at Chikmanglur crossing and was caught at the spot.
(3.) After investigation, the police submitted charge-sheet after obtaining sanction from the Law & Legislative Affairs Department of the State of Madhya Pradesh.