MAHESHWARI PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the inherent jurisdiction of this Court for the quashment of the First Information Report alleged against him as also the charge -sheet in the said case submitted on 31.10.2000, arising out of Lalpur P.S. Case No.122 of 2000 on 31.03.2000, corresponding to Special Case No.10 of 2000 for the alleged offence under Section 7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE petitioner had earlier moved for the quashment of the F.I.R. of Lalpur P.S. Case No.122 of 2000 in Cr.M.P.No.1041 of 2009, which was disposed of on 28.01.2010 with the observation,

(3.) ADVANCING his argument, Mr. Rajesh Kumar, learned Counsel appearing for the petitioner submitted that direction which was made by this Court in Cr.M.P.No.1041 of 2009 on 28.01.2010 was deliberately not complied whereby sanction under Section 19 of the P.C. Act, 1988 was directed to be accorded preferably within a period of four weeks of the receipt of the communication of the order and therefore the petitioner craved the indulgence of this Court once again with the fresh cause of action for quashment of the F.I.R. and the charge -sheet submitted against him in view of the fact that the case was instituted in the year 2000 and the charge -sheet was submitted after 7 years without ascertaining sanction for prosecution under Section 19 of the Prevention of Corruption Act and that the learned Special Judge did neither take cognizance of the offence under the relevant Section of P.C. Act nor did he discharge the petitioner for want of sanction.