RAJPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under for quashing of FIR No.17 dtd. 9/9/2011, registered under Sec. 7 read with Sec. 13(2) of Prevention of Corruption Act, 1988 (for brevity 'PC Act') registered at Police Station Vigilance Bureau, District Amritsar whereby the trial Court directed framing of charges against the petitioner for commission of offence under Sec. 7 read with Sec. 13 (2) of the PC Act, despite there being no mandatory sanction under Sec. 19 of the PC Act as well as consequential charge sheet framed by learned trial Court on 6/8/2013.

(2.) Learned senior counsel for the petitioner has argued that on two occasions sanction has been refused but the trial Court wrongly went ahead with the trial holding that the petitioner was not a Govt. servant. He has relied upon CRM-M-29605 of 2013 titled as Kanwaljit Singh v. State of Punjab decided on 25/5/2017.

(3.) On the other hand learned Senior DAG has relied upon Amarjit Singh (Patwari) v. State of Punjab, [2012(2) Law Herald (P&H) 1789] : 2012 (3) RCR (Criminal) 79. In both the cases the persons were employed in the Revenue Department.