FATEH GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been filed by the petitioner Fateh Giri, who is facing trial in the court of the Special Judge, Prevention of Corruption Act Cases, Jodhpur, challenging the order dated 4.5.2009 passed by the learned Special Judge whereby the application filed by the petitioner for quashing of the prosecution was rejected. At the time, when the cross- examination of the Investigating Officer, PW.16, was going on, an objection was raised that since, initially the prosecution sanction was refused in relation to the petitioner, the proceedings as against the petitioner could not be continued.

(2.) IT has been submitted by Shri S.D. Purohit, learned counsel appearing on behalf of the petitioner that this issue came up before the court for the first time while the cross-examination of the Investigating Officer was being conducted. He has submitted that when the sanction was refused initially, the prosecution waited for the superannuation of the petitioner and, thereafter, the charge-sheet was filed at which point of time the sanction was not required and the delay was deliberately caused so that the hurdle of taking the sanction could be by passed. IT has also been submitted that the proceedings against the petitioner could not be continued because of the reason that the Competent Authority while refusing sanction as against the petitioner had come to the conclusion that no prima facie case was made out against him.