RAMA KANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed against the impugned order dated 31.8.2006 of Special Judge, (Sessions Judge) ACD Cases, jodhpur by which the learned Judge has taken cognizance under Section 13(1)(d)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B I.P.C., against the petitioner.

(2.) The brief facts of the case are like that. It is revealed from the record that on 10.11.2000 at the time of checking the present petitioner, Mr. Ramakant, an Inspector of Drug and Cosmetic, a Public servant, along with one private person named Mani Shanker were travlling in a jeep Mr. Ramakant was found having in possession of Rs. 154/- with him and Rs. 21,050/- along with the list of traders was found in the tool box of said jeep and the jeep was owned and driven by Mani Shanker from whom Rs. 1,500/- was recovered. On the basis of these facts, it was alleged that the petitioner received illegal gratification from the shopkeepers dealing in medicine, during inspection. A case No. 502/2000 was registered under above mentioned offences. It is also further revealed that during investigation, handwriting on the said list was got examined and it was found that the said list contained the handwriting of Mani Shanker. The concerned police authority, after investigation, filed negative police report under Section 173 Cr.P.C. before the concerned Anti Corruption Judge, Jodhpur. Thereafter, the learned ACD Judge, while disagreeing with the police report, took the cognizance vide order dated 31.8.2006 under Section 13(1)(d)(e) read with Section 13(2) of P.C. Act and 120-B I.P.C., while considering the facts that during investigation of the case once sanction was granted and thereafter that was withdrawn, the Sessions Judge was of the opinion that once a sanction is granted that cannot be revoked later on. Thus, he ignored the fresh sanction and summoned the accused in aforesaid sections. The accused petitioner Rama Kant has challenged this order by way of revision.

(3.) Notice was issued, record of the case was called and arguments heard.