RAMESH KUMAR GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C. for quashing of order dated 08.09.2017 (Annexure P5), passed by the learned Additional Sessions Judge, Gurugram ordering further investigation in case FIR.No. 07 dated 28.03.2014, registered under Sections 7 & 13 of the Prevention of Corruption Act, 1988 and Sections 218, 420, 120-B & 201 IPC at Police Station State Vigilance Bureau, Gurgaon.

(2.) Facts relevant for the purpose of decision of the petition that in case FIR.No. 07 dated 28.03.2014, final report under Section 173 Cr.P.C. was filed against one Jagdish Chander and accused/petitioner, namely Ramesh Kumar Garg, who was posted as Superintending Engineer, Public Health Department, Palwal. The petitioner was kept in column No.2 on the ground that sanction, as required under the law to prosecute him, was not ranted by the competent authority. The learned Additional Sessions Judge, Gurugram, vide order dated 15.09.2016, had discharged the petitioner on that point. Subsequently, the learned Additional Sessions Judge passed the impugned order dated 08.09.2017 (Annexure P5) directing further investigation in the matter and to put up the same before the competent authority to reconsider the same afresh for granting sanction.

(3.) Learned senior counsel, representing the petitioner, contended that present case, on the basis of FIR, was totally false and baseless qua the petitioner as he had neither raised any demand from the complainant nor accepted any bribe from him. He has been falsely implicated in the FIR.at the behest of his opponents. Learned senior counsel further contended that on the basis of investigation, papers were sent to the concerned department for granting sanction of prosecution of petitioner-Ramesh Kumar Garg and Jagdish Chander. However, sanction for prosecution was granted in the case against Jagdish Chander but it was declined qua the petitioner by passing a well reasoned order and thereafter, police submitted challan against Jagdish Chander only and petitioner was kept in column No.2. The sanction qua petitioner was declined on 08.06.2016 (Annexure P3) bearing endorsement dated 14.06.2016 observing as under: