MANOJ KUMAR RAZAK @ MANOJ RAZAK, SON OF LATE HIRAL LAL RAZAK, RESIDENT OF VILLAGE RAGHUNATHPUR, P.S. RAGHUNATHPUR, DISTRICT Vs. THE STATE OF BIHAR THROUGH THE INSPECTOR GENERAL OF POLICE VIGILANCE DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) The present application, under Art. 226 and 227 of the Constitution of India, has been preferred for quashing the criminal proceeding as well as FIR of Vigilance Police Station Case No. 38 of 2016 arising out of private Complaint Case No. 146 of 2007 filed by Nirmala Kumari against the petitioner and others vide Annexure-1.

(2.) The challenge is on the ground that the petitioner is a public servant and without previous sanction prosecution of the petitioner is bad in law.

(3.) Learned counsel for the respondents opposed the prayer. However, concedes that in the case of Anil Kumar and Others Vs. M.K. Aiyappa and Another reported in 2013(10) SCC 705, the Honourable Apex Court held that the entertainment of complaint for offences under the Prevention of Corruption Act by the Special Judge without prior sanction to prosecute is bad in law.