SWARAN SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code Criminal Procedure, 1973 ('Cr.P.C. for short) seeking quashing of the FIR No. 64 dated 3.10.2003 registered under Sections 7/13 (2) of the Prevention of Corruption Act, 1988('the Act' for short) at Police Station Vigilance Bureau, Patiala Range, District Patiala (Annexure P1) , supplementary report under Section 173(8) Cr.PC. and the orders dated 17.8.2009 and 19.8.2009 passed by the Special Judge, Patiala (Annexure P9 and Annexure P11) along with all consequential proceedings arising therefrom.

(2.) Learned senior counsel for the petitioner has submitted that the sanction for prosecution of the petitioner was declined on three occasions by the competent authority. The Special Judge could not take cognizance of the matter without any sanction for prosecution of the accused merely on the ground that now the petitioner has since been retired. In support of his arguments, learned senior counsel has placed reliance on 'Cittaranjan Das versus State of Orissa, 2011 3 RCR(Cri) 512', wherein it was held as under:-

(3.) Learned State counsel, on the other hand, has submitted that since the petitioner had retired from the service, his sanction for prosecution was not necessary.