(1.) Both the petitions viz. Cr. W.J.C. No. 240 of 2022, seeking quashing of the subject FIR bearing Special Vigilance Unit P.S. Case No. 02 of 2021 and Cr. Misc. No. 8186 of 2022, seeking anticipatory bail in the subject FIR have been heard together and are being disposed of by this common order.
(2.) Heard Mr. Jitendra Singh, learned Senior Advocate for the petitioner in both the petitions and Mr. Rana Vikram Singh, learned Advocate for the Special Vigilance Unit.
(3.) The subject FIR bearing Special Vigilance Unit P.S. Case No. 02 of 2021 is sought to be quashed on the sole ground that it is in derogation of the newly added Sec. 17A of the Prevention of Corruption Act, 1988 (herein after called "the Act") which provides for a pre-requisite of sanction of the authority competent to remove the petitioner from his office, before inquiring or investigating into any offence alleged to have been committed by him in his capacity as Vice-Chancellor, as the offences alleged are prima facie relatable to a decision taken by him in discharge of his official functions or duties.
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