Kuldeep Godara vs State Of Rajasthan And Ors

This petition under Article 226 of the Constitution of India has been filed with the prayer to quash and set aside the order dated 22-6-2018 of the

State Government vide which prosecution sanction has been issued against the petitioner for his prosecution for the offences under Sections 7, 13(1)

(d), 13(2) of the Prevention of Corruption Act, 1988 and under Section 384 IPC.

Heard learned counsel for both the sides and perused the material made available on record.

Learned Counsel for the petitioner submits that the impugned prosecution sanction has been issued without application of mind in an arbitrary

manner. Opportunity of hearing has not been given to the petitioner before issuing the sanction. The trap proceeding come in the purview of

investigation for which previous sanction of the State Government is required as per amended provisions of Section 197 Cr.P.C. From a bare perusal

of the prosecution sanction, it cannot be said that the authorities have arrived at the conclusion fairly, objectively and consistent with public interest.

The petitioner has been falsely implicated in the matter due to rivalry of Association of Commercial Taxes Officers. The petition deserves to be

allowed and the impugned prosecution sanction and consequential proceedings may be quashed.

Learned Asstt. GA has opposed the petition with the submission that the impugned prosecution sanction has been issued after due application of

mind.

Heard. Considered.

Without expressing any opinion on merits, suffice it to say that in the impugned prosecution sanction itself after noting the factual matrix of the case

in detail, relevant analysis of evidence has been noted, which reads as under:-

- ,

, ,

-

20.11.17 30.11.17

30.11.17

--

,

, . -3, , 7, 13(1)(), 13(2)

, 1988 384

In view of above quoted analysis, prima facie it cannot be said that the impugned prosecution sanction has been issued without application of mind

or in an arbitrary manner.

As per amended provisions of Section 197 Cr.P.C., previous sanction of the State Government is required only in respect of act by the public

servant while acting or purporting to act in the discharge of their official duties. Here in this case the accused petitioner has been trapped while taking

bribe, therefore, his act cannot be said to be in the discharge of official duties.

After thorough investigation and obtaining prosecution sanction challan has been presented against the petitioner. He will get every opportunity in

legal manner to defend himself. Therefore in view of above, no case is made out for quashing of prosecution sanction in writ jurisdiction by this court.

As a result, the petition stands dismissed.