ABHISHEK SHARMA Vs. SATE OF H.P

JUDGEMENT

(1.) Petitioner is a Motor Vehicle Inspector (MVI) in the office of Regional Transport Authority, District Bilaspur, H.P. He is co-accused in FIR No. 5 of 2021, dtd. 28/11/2021, registered by the State Vigilance and Anti Corruption Bureau, District Mandi, H.P. under Ss. 7 and 7A of the Prevention of Corruption Act, 1988 (in short the Act). In the instant petition, he seeks quashing of this FIR.

(2.) As per the respondent, following facts led to registration of the FIR :-

(3.) Learned Senior Counsel for the petitioner submitted that the petitioner is accused of commission of offences under the Prevention of Corruption Act. The impugned acts were allegedly carried out by the petitioner in discharge of his official duties. The actions questioned included decisions taken and recommendations made by the petitioner. Hence, sec. 17A of the Act was attracted, but the respondent did not take requisite prior sanction under this Sec. before conducting the investigation, therefore, the FIR cannot proceed further. It is required to be quashed. This submission has been countered by the learned Additional Advocate General by submitting that in the given facts, on the basis of which, the FIR was registered, prior sanction under Sec. 17A of the Act was not required to be obtained. Both the sides have placed reliance upon certain judgments.