Prevention of Corruption Act, 1988
Sections 7, 13(1)(d) and Section 120B of IPC—Conspiracy and demand of bribe from complainant—Order passed by the Special Judge rejecting closure report and directing the investigating officer to make a request to concerned sanction authority for grant of sanction against petitioner—Challenged—Court can take cognizance without directing reinvestigation—Since there was sufficient material to proceed against accused, the Special Judge has correctly decided to take cognizance and proceed against the accused—Only a direction was given to the IO to request the concerned sanctioning authority to grant sanction to prosecute the petitioner—Special Judge did not direct the sanctioning authority to grant sanction to prosecute the petitioner—Sanctioning authority applied its mind while granting sanction—No infirmity found in impugned order—Petition dismissed.
[Paras 6 to10]
Sections 7, 13 (1) (d) and Section 120B of IPC—Conspiracy and demand of bribe from complainant—Order framing charges challenged on ground that two of complainants have already been expired and therefore, their statements would be inadmissible in evidence as the same would fall within the purview of rule of hearsay evidence—Whether the said complainants have expired or not and whether their statements would be hearsay, is a matter of trial—One of complainants is alive and he has specifically given statements regarding commission of offence by the petitioner—It is settled position of law that trial court is not required to see the probative value of the evidence or the sufficiency of material at the stage of framing of charges—Court only has to examine the evidence for a limited purpose of finding whether the prima facie case is made out against the accused—Based on the material placed on record, the Special Judge came to the conclusion that prima facie a case for alleged offences is made out against petitioner and therefore, framed charges against the petitioner—No infirmity found in impugned order—Petition dismissed.
[Paras 11 to 15]