STATE OF RAJASTHAN Vs. TANSUKH LAL

JUDGEMENT

(1.) Heard learned Public Prosecutor and the counsel for the respondent.

(2.) The respondent has been discharged from the offences under Section 120-B I.P.C. and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act by the learned Sessions Judge (Prevention of Anti-Corruption Act Cases), Jodhpur vide order dated 24.10.1998 passed in Criminal Case No. 160/1997.

(3.) Assailing the said order, the learned Public Prosecutor states that the impugned order discharging the respondent is per se illegal as it has been passed mechanically simply on the ground that initially the sanction for prosecuting the respondent was refused and thereafter the charge-sheet was filed on superannuation of the respondent without there being a sanction. Learned Public Prosecutor submits that no order has been passed on the merit of the case as to whether the respondent was responsible for the commission of the offences or not.