J C GILHOTRA Vs. UNION TERRITORY

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Cr.P.C. for quashing of order dated 18.11.2009 passed by Special Judge, Chandigarh, wherein, the prayer of the petitioner for dropping the proceedings qua him on account of non-grant of sanction under Section 197 Cr.P.C. in case FIR No. 1 dated 3.2.1998 registered under Sections 13(1)(a)(b)(c)(d) and 13(2) of the Prevention of Corruption Act read with Sections 406, 409, 420 and 120-B IPC at Police Station Vigilance, Chandigarh, has been rejected.

(2.) Briefly, the facts of the case are that the petitioner was working as Superintending Engineer in the Engineering Department, U.T., Chandigarh, prior to his attaining the age of superannuation i.e. on 31.3.1998. The allegations against the petitioner are that he in collusion and connivance with main accused K.K. Jerath and other co-accused has committed offences under Section 13(1)(2) of the Prevention of Corruption Act read with Section 406, 409, 420 and 120-B IPC for which FIR No. 1 dated 3.2.1998 was registered. As per case of the prosecution, no prior sanction under Section 197 Cr.P.C. was required to prosecute the petitioner, however, as per the petitioner, prior sanction was required as the alleged offence was committed by him in the discharge of his official duties. On this premise, the petitioner moved an application for his discharge, which was dismissed by the Special Judge, Chandigarh vide order dated 15.10.2004, against which, the petitioner approached this Court by way of filing Crl. Misc. No. 55889-M of 2004, which was allowed and impugned order dated 15.10.2004 was set aside and case was remanded to Special Judge, Chandigarh with a direction to reconsider the petitioner's contention with regard to obtaining sanction under Section 197 Cr.P.C.

(3.) In compliance of the directions issued by this Court on 22.5.2007, the petitioner again approached the Special Judge, Chandigarh, who again vide its order dated 8.12.2008 held that no prior sanction under Section 197 Cr.P.C. was required. The petitioner again approached this Court by way of filing Crl. Misc. No. M-6389 of 2009 against the order dated 8.12.2008 passed by Special Judge, Chandigarh and said petition was disposed on 9.10.2009 with a direction to the learned Special Judge, Chandigarh to reconsider the matter again in the light of order dated 22.5.2007 passed by this Court. The learned Special Judge, Chandigarh again passed order dated 18.11.2009 vide which the prayer of the petitioner for dropping the proceedings on account of absence of prior sanction under Section 197 Cr.P.C. was rejected.