VIJAY KUMAR GAKKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal misc. petition under Section 482 Cr. P.C. the accused petitioner has challenged the order dated 20.10.2011 passed by learned Special Judge (Anti Corruption), Jaipur (Rajasthan) (for short 'the learned trial Court') in regular case No. 4/2008. The facts of the case in nutshell are that an FIR was lodged by Dy. S.P. (Anti Corruption) Tonk, Rajasthan upon the complaint of one Mr. Badri Lal Meena alleging in the FIR No. 272/1999 that upon his complaint a raid was conducted on the residential house of the petitioner on 30.11.1999, Rs. 3,000/- was recovered from the house of the petitioner and such amount was taken by the petitioner from him as bribery with regard to the electric connection for his tube well. It was also mentioned in the FIR that a Chemical process was adopted by the raid party, the hand of the accused petitioner was washed by using the sodium carbonate power, the colour of the water was changed, the currency note was recovered in the book which was lying in the open almiraha and thereafter the aforesaid currency note was seized.

(2.) After making a detailed inquiry, the Superintendent of Bureau (II) Anti Corruption Bureau, Jaipur (for short 'the ACB') sent a letter dated 1.12.2000 to the Managing Director, Jaipur Vidhut Vitaran Nigam Limited, Rajasthan Jaipur (for short 'the JVVNL') annexing the ACB report, list of document etc., seeking prosecution sanction against the accused petitioner. The Dy. Secretary (Admn.) replied to the aforesaid letter vide its letter dt. 19.3.2001 mentioning therein that in this case the prosecution sanction cannot be accorded.

(3.) Again on 18.5.2001 the Inspector General of Police-II, ACB, Jaipur sent a letter dt. 18.5.2001 to the Chief Managing Director, JVVNL, Jaipur. The Dy. Secretary (Admn.) replied to the aforesaid letter vide its letter dated 13.6.2001 that refusal of prosecution sanction earlier was justified.