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2018 DIGILAW 1996 (RAJ)

Naurang Chand Chawariya v. State of Rajasthan

2018-09-28

DINESH MEHTA, SANGEET LODHA

body2018
JUDGMENT : SANGEET LODHA, J. 1. This intra court appeal is directed against the order dated 6.8.18 passed by learned Single Judge of this Court, whereby the writ petition being SBCWP No. 11463/18 preferred by the appellant, an elected Sarpanch of Gram Panchayat Fatehgarh seeking quashment of the Complaint No. 122/18 registered at ASP, ACB, Hanumangarh as well as notice dated 24.7.18 issued in furtherance thereof, has been dismissed. 2. Learned counsel appearing for the appellant submitted that the appellant being an elected Sarpanch, a public servant, until and unless a prosecution sanction under Section 197 Cr.P.C. is obtained, no investigation is permitted to be made in respect of the complaint lodged against him. 3. It is noticed that the writ petition preferred has been dismissed by the learned Single Judge observing that the officials of the ACB are definitely empowered to make inquiry into the conduct of a public servant and in case such conduct indicates misuse of powers/criminal misconduct as defined in the Prevention of Corruption Act, a regular criminal case can be registered. 4. In the considered opinion of this Court, at the stage of preliminary inquiry or investigation in the case, no prosecution sanction is required under Section 197 Cr.P.C. At this stage, when the appellant has only been directed to participate in the preliminary inquiry, the petition preferred by him seeking quashment of Complaint and the proceedings undertaken pursuant thereto has rightly been dismissed by the learned Single Judge. 5. While dismissing the petition, learned Single Judge has observed that while proceeding with the inquiry, the officer of the Anti Corruption Bureau shall objectively consider the petitioner's defences. Thus, possible protection has already been extended to the appellant by the learned Single Judge. 6. In this view of the matter, in the considered opinion of this Court, the order impugned passed by the learned Single Judge does not warrant any interference by us in the intra court appeal jurisdiction. The appeal is, therefore, dismissed.