LAWS(HPH)-2022-12-16

AJAY KUMAR GUPTA Vs. STATE OF HIMACHAL PRADESH

Decided On December 09, 2022
AJAY KUMAR GUPTA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 438 of the Code of Criminal Procedure (for short "Cr.P.C."), seeking anticipatory bail in case FIR No.4 of 2022, dtd. 22/9/2022, registered in Police Station State Vigilance and Anti Corruption Bureau, Shimla (for short "SV&ACB"), under Ss. 7 and 8 of the Prevention of Corruption (Amendment) Act, 1918 (for short "PC Act").

(2.) Status report stands filed. Record was also made available.

(3.) Prosecution case is that report of conversation between one Balram and Dr. Ajay Kumar Gupta (petitioner), the then Director of Health Services, Himachal Pradesh, prepared by Inquiry Officer, Deputy Superintendent of Police, SV&ACB, SIU Shimla, was sent to the Government for according necessary permission to register a regular case against Dr. Ajay Kumar Gupta. Vide communication dtd. 17/9/2022, necessary permission was received from Special Secretary (Personnel) to the Government of Himachal Pradesh and, accordingly, FIR No.4 of 2022 has been registered in Police Station SV&ACB, Shimla.