SWAPAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has approached this Court by way of the present criminal miscellaneous petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as 'BNSS') seeking quashing of the prosecution sanction order dtd. 28/1/2025 passed by the Commissioner of Police, Barrackpore, Kolkata in connection with FIR No. 46/2024 registered at Police Station CPS, Jaipur, District ACB for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the Act of 1988').

(2.) First and foremost submission made by Shri A. K. Gupta, learned Senior Counsel appearing for the petitioner, is that the impugned sanction order suffers from patent illegality for lack of application of mind and non-consideration of material evidence before its issuance. It is contended that the prosecution sanction was granted mechanically, merely on the directions of the investigating officer and the sanctioning authority did not independently evaluate the facts or consult the concerned investigating officer before granting sanction.

(3.) Shri A.K.Gupta, learned Senior Counsel further submitted that no record such as the FIR, statements of witnesses or other material collected during investigation had been placed before the sanctioning authority. Consequently, the sanctioning authority could not have formed an independent satisfaction as mandated under Sec. 19 of the Act of 1988. Hence, the prosecution sanction order is void ab initio and cannot confer jurisdiction upon the trial court to take cognizance.