Case Note & Summary
The petitioner, Vijayraj Surana, was accused No.4 in FIR RC0782020E005 dated 08.09.2020 registered by the CBI for offences under Sections 120B, 420, 468, 471 IPC and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner filed a petition under Section 482 CrPC seeking quashing of the FIR on the ground that he was a public servant and no valid sanction under Section 197 CrPC and Section 19 of the PC Act was obtained. The court examined the allegations and found that the petitioner was acting in discharge of his official duties as a public servant. The court held that the requirement of sanction is mandatory and its absence renders the prosecution invalid. The court quashed the FIR and all proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Public Servant - Protection - The petitioner, a public servant, was entitled to protection under Section 197 CrPC as the alleged offences were committed in discharge of official duties. The court held that without prior sanction, the prosecution is not maintainable and is an abuse of process of law. (Paras 1-10) B) Prevention of Corruption Act - Sanction for Prosecution - Section 19 - Requirement of Sanction - The court held that Section 19 of the PC Act mandates prior sanction for prosecution of a public servant. Since no such sanction was obtained, the FIR and proceedings were quashed. (Paras 1-10)
Issue of Consideration
Whether the FIR and criminal proceedings against the petitioner, who was a public servant, are liable to be quashed for want of valid sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988.
Final Decision
The FIR in RC0782020E005 dated 08.09.2020 and all proceedings against the petitioner are quashed.
Law Points
- Sanction for prosecution of public servant
- Section 197 CrPC
- Section 19 Prevention of Corruption Act
- 1988
- Quashing of FIR under Section 482 CrPC
- Abuse of process of law
