SHIVENDRA NATH VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant criminal misc. petition has been filed for quashing the entire criminal proceeding, including the order taking cognizance dtd. 12/10/2020 passed in RC 07(A)/2016-R (Case No. CNR-JHRN01-003267-2016) whereby and whereunder, prima facie case has been found to be made out under Ss. 120B, 420, 468, 471 of IPC and Ss. 13(1)(d) read with 13(2) of Prevention of Corruption Act (hereinafter called as PC Act).

(2.) Main plank of argument advanced on behalf of the petitioner is two folds. Firstly, cognizance has been taken without sanction as required under Sec. 19 of the PC Act. Secondly, without approval of the State Government, investigation could not have been initiated under Sec. 17A of PC Act.

(3.) It is submitted that investigation in the instant case had been initiated on 2/6/2016. Sec. 17-A was inserted in the PC Act vide amendment which came into force with effect from 26/7/2018. Under the amended provision, inquiry or investigation against a Public Servant into any offence committed under the P.C. Act cannot be initiated, where the alleged offence was relatable to any recommendation made or decision taken by such public servant for acts committed in the discharge of his official duty, without the approval by the concerned State or Central Govt. In the present case the investigation was continued and charge sheet has been submitted without obtaining approval of the competent authority.