State vs Smt. Ashokraje Parmar

Heard. This petition u/s 482 Cr.P.C. has been filed by the petitioner for quashment of the proceedings initiated before the Court by respondent No. 1 Shrimati Ashokraje Parmar.

A private complaint was filed before the Court for offences under sections 406, 420, 467 and 468 IPC and section 7 of the Prevention of Corruption Act. The Court issued directions to the present petitioner to enquire the matter.

It is submitted by the learned counsel for the petitioner that the offences are relating to Prevention of Corruption Act and in view of the judgment of Hon''ble the Supreme Court passed in Anil Kumar and Others Vs. M.K. Aiyappa and Another, , prior sanction is necessary before invoking power u/s 156(3) Cr.P.C. There was no sanction, hence, the proceedings initiated before the Court were contrary to law. Hon''ble the Supreme Court has held as under in regard to taking prior sanction for prosecution before invoking power u/s 156(3) Cr.P.C.:

The submission by the appellants (complainants) that the requirement of sanction is only procedural in nature and hence, directory or else Section 19(3) of the PC Act would be rendered otiose, it difficult to accept. Section 19(3) of the PC Act has an object to achieve, which applies in circumstances where a Special Judge has already rendered a finding, sentence or order. In such an event, it shall not be reversed or altered by a Court in appeal, confirmation or revision on the ground of absence of sanction. That does not mean that the requirement to obtain sanction is not a mandatory requirement. Once it is noticed that there was no previous sanction, the Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C. Therefore, there is no error in the order passed by the High Court.

Admittedly, in the present case, no sanction has been taken by respondent No. 1 before initiating proceedings. Hence, the proceedings initiated are contrary to law.

Consequently, this petition is allowed. Impugned order dated 3/9/2010 passed by the Court below and the proceedings initiated before the Court on private complaint are hereby quashed. It is hereby clarified that the complainant is at liberty to initiate proceedings after obtaining sanction from the appropriate Government.