PRAHLAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this revision petition aggrieved by order dated 15.12.2015 passed by Special JudgeSpecial Court (ACD) Cases (Prevention of Corruption Act), Alwar, whereby Court has taken cognizance against the petitioners for offence under Section 13(1)(C)(D)13(2) of the Prevention of Corruption Act, 1988.

(2.) It is contended by counsel for the petitioners that Section 19 of the Prevention of Corruption Act, bars the Courts from taking cognizance of an offence punishable under Sections 7,10,11,1315 alleged to have been committed by a public servant without the previous sanction of the Appropriate Authority.

(3.) It is also contended that Kailash Sharma was a contractor and since there was no previous sanction to prosecute Shri R.D. Garg, J.E.N. Municipal Council. Municipal Council and Court has discharged P.K. Jain, the then Executive Engineer, Alwar, combined with the fact that kailash Sharma was not a public servant. There was no justification in taking cognizance against Kailash Sharma. It is contended that order impugned is improper and incorrect.