High CourtsDIVISION BENCH(2017) 01 RAJ CK 0045

Shravan Ram Bidiyasar vs Secretary (Administration)

Rajasthan High Court · Decided on 23 January 2017

HON’BLE JUDGES
Govind Mathur, G.R. Moolchandani
RESULT
Dismissed
CASE NUMBER
62 of 2017

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Judgment

6 paragraphs · 224 words
1.

This appeal is preferred to question correctness of the order dated 21st December, 2016 passed by learned Single Bench in S.B.

Civil Writ Petition No.3914/2016. Learned Single Bench, by the order impugned, refused to interfere with the order granting sanction for prosecution of the petitioner as per provisions of Sections 7, 13 (1)(d), 13(2) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.

2.

The argument advanced by learned counsel for the appellant is that learned Single Bench failed to appreciate that the authority competent, while granting sanction as per Section 19 of the Act of 1988, does not apply its mind and acted ipse dixit by relying upon the statement said to be given by a co-accused Laxman Lilani.

3.

From perusal of the order granting sanction, it is apparent that the Anti Corruption Bureau, while investigating the matter, relied upon certain electronic datas i.e. conversation of the present petitioner with co-accused Laxman Lilani, as such, it is wrong to say that the only evidence available was the statement made by the co-accused.

4.

From the perusal of the order granting sanction, we do not find any error with the same, and therefore, we do not find any just reason to interfere with the order passed by learned Single Bench.

5.

The appeal is dismissed accordingly.