SANDEEP KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Sandeep Kumar Sharma, who has been named as accused in case FIR No. 86 dated 12.9.2002 under Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as `the Act') and Sections 323/342 IPC, registered at Police Station Nihal Singh Wala, District Moga, has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `the Code') for setting aside the order dated 10.12.2004, passed by Special Judge, Moga, whereby while while not accepting the untraced/cancellation report submitted by the police in the aforesaid FIR, cognizance of the offence against the petitioner has been taken under Section 190 (1) of the Code and he has been summoned through non-bailable warrants.

(2.) In this case, during investigation in the aforesaid FIR, the allegations against the petitioner were not established, therefore, cancellation report was submitted to the court. The trial court did not accept the report and ordered re-investigation. After re-investigation, the police again submitted untraced/cancellation report, which has not been accepted by the trial court and cognizance of the matter has been taken.

(3.) Counsel for the petitioner contends that in this case, the Special Judge could not take cognizance of the matter even under Section 190 (1) of the Code, while rejecting the cancellation report, as there was no valid sanction granted by the appropriate authority under Section 19 of the Act for prosecution of the petitioner. He further contends that for taking cognizance of the offence under the provisions of the Act, prior sanction is sine qua non and the Special Court cannot take cognizance against the accused even under Section 190 (1) of the Code, when there is no valid sanction against the accused. Counsel for the petitioner further contends that case of the petitioner is squarely covered by the decision of this Court in Criminal Revision No. 790 of 2006, Dr. Jaswant Singh versus State of Punjab and another, decided on September 6, 2006, wherein while following the decision of the Supreme Court in Dilawar Singh v. Parvinder Singh alias Iqbal Singh and another, (2006) 1 SCC (Cri) 727, it was held as under :-