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2014 DIGILAW 1306 (MP)

Krishna Vallabh Bunkar v. P. K. Jha

2014-10-10

ROHIT ARYA, S.K.GANGELE

body2014
JUDGMENT 1.Heard. 2. This revision petition has been filed against the order dated 13/08/2013 passed by the Trial Court, whereby the Trial Court has rejected the private complaint filed by the petitioner under section 200 of Cr.P.C. 3. Petitioner filed a private complaint alleging offences punishable under sections 409, 420, 465, 467,468, 471 and 120B/34 IPC and sections 13(1)(2) of the Prevention of Corruption Act against the respondents. 4. It is an admitted fact that the petitioner complainant did not obtain prior sanction as required under section 19 of the Prevention of Corruption Act and under section 197 of Cr.P.C. Hon'ble the Supreme Court in the case of Anil Kumar and others Vs. M.K.Aiyappa and another, (2013)10 SCC 705 has held that prior sanction is necessary for registration of offences under the Prevention of Corruption Act in a private complaint. It is an admitted fact that the petitioner did not obtain prior sanction from the competent authority to prosecute the respondents. Hence, in our opinion, private complaint filed by the petitioner was not maintainable. 5. In this view of the matter, we do not find any merit in this revision petition. However, if the petitioner succeeds in getting sanction as required under the law, he is at liberty to file a private complaint and, in that situation, the impugned order passed by the Court below will not come in the way of the petitioner. Revision petition is disposed of with the aforesaid.