RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, against whom final report under Sec. 173 Cr.P.C., arising out of FIR No. 11 dtd. 2/8/2017, under Ss. 7, 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Bathinda, was presented and subsequently even charges have been framed by the trial Court during pendency of instant petition, assails the following orders:

(2.) The petitioner had been working as a Clerk in Municipal Council, Mansa. Upon a complaint made by Pawandeep Singh, FIR No. 11 dtd. 2/8/2017, under Ss. 7, 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Bathinda (Annexure P-4) was lodged against the petitioner wherein the complainant alleged that he had submitted a building plan for construction of a house and in respect of which the petitioner had demanded an amount of Rs.40,000.00 as illegal gratification for getting the same approved. A trap was laid and the petitioner was caught red handed while accepting bribe.

(3.) Upon conclusion of investigation, a report under Sec. 173 Cr.P.C. was filed before the Special Court by the Vigilance Bureau on 30/7/2018. However, since the same was not accompanied by any sanction order in terms of Sec. 19 of the Prevention of Corruption Act, an application dtd. 6/9/2018 (Annexure P-9) was moved on behalf of the petitioner/accused Rajinder Kumar before the Special Court praying therein that cognizance be not taken in the absence of sanction order and that the petitioner/accused be discharged.