RATAN LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner complainant being aggrieved of the order dated 23.03.2013 passed by the learned Special Judge, Anti Corruption Act Cases, Jodhpur in Complaint Case No.2/2013 whereby, the complaint filed by the petitioner complainant was rejected.

(2.) Learned counsel for the petitioner contends that the allegation levelled by the petitioner complainant in his complaint and the supporting material, clearly disclosed the essential ingredients of cognisable offences. Thus he submits that the learned trial court ought to have sent the matter to the State Government for grant of prosecution sanction against the accused rather than rejecting the petitioner's complaint on the ground that it was not supported by a prosecution sanction. He contends that the petitioner, being a private individual, cannot be expected to directly approach the Government for grant of sanction. Thus he urges that the impugned order is grossly illegal and deserves to be set aside and the trial court be directed to forward the matter to the State Government for granting sanction to prosecute the respondents.

(3.) Per contra, learned Public Prosecutor and the learned counsel representing the respondents, vehemently opposed the submissions advanced by the petitioner's counsel and submitted that the impugned order is absolutely just and proper and calls for no interference whatsoever.