GURAN DITTA GABA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order dispose of two Criminal Revision Petitions Nos. 665 of 1996 (Guran Ditta Gaba Vs. State of Punjab) and 637 of 1996 (State of Punjab Vs. Guran Ditta Sabha) as both the revision petitions are directed against the order dated 6th Feb., 1996 passed by the Court of Special Judge, Ferozepur, who disagreed with the report under Sec. 173, Criminal Procedure Code, Filed by the Police and directed the investigating agency to obtain sanction for the prosecution of the accused Shri Guran Ditta from the competent authority and complete the investigation and present the challen before the Court of competent jurisdiction.

(2.) A perusal of the impugned order would show that the learned Special Judge while disagreeing with the report under Sec. 173, Crimial P.C., has not given any cogent reasons as to why he was disagreeing with the investigation which has even been conducted at the level of the D.S.P. (Vigilence) and verified by the S.P. (Vigilence). The learned Special Judge has simply stated in the impugned order that there was sufficient and overwhelming evidence available on the file which called for judicial verdict. The reasons advanced by the learned Special Judge are not sound.

(3.) Resultantly, the order dated 6th Feb. 1996 passed by the Special Judge, Ferozepur, is hereby set aside and the cancellation report is hereby accepted. It is further ordered that the Investigation Agency need not obtain any sanction for the prosecution of the accused. Further it is ordered that there shall be no prosecution against the accused on the basis of the complaint under Sec. 7.13(2) of the Prevention of Corruption Act. Both the revision petitions stand disposed of accordingly.