Bhanwari Kanwar vs State Of Rajasthan
2022 Latest Caselaw 8917 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4091/2022

Bhanwari Kanwar W/o Sh. Gopal Singh, Aged About 96 Years, B/ c Rajput, R/o Village Balera, Tehsil Sujangarh, District Churu (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Hari Singh Jat S/o Sh. Jaisa Ram, B/c Jat, R/o Village Dungras Athuna, Presently Residing At Ward No. 4, Jaton Ki Gali, Sujangarh, District Churu (Raj.)

----Respondents

For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate assisted by Mr. Pravin Vyas For Respondent(s) : Mr. Mohd. Javed Gauri, PP

JUSTICE DINESH MEHTA

Order

07/07/2022

1. The petitioner - a former sarpanch of Gram Panchayat

Balera, has approached this Court impugning the order dated

31.05.2022 passed by the learned Special Judge, Prevention of

Corruption Act Cases, Bikaner whereby he has held that

prosecution sanction is not required in light of the judgment of

Hon'ble the Supreme Court in case of State of Punjab Vs. Labh

Singh reported in 2014(16) SCC 807.

2. Mr. Jain, learned senior counsel submits that the judgment

referred by the trial Court is of that period when Section 19 of the

Prevention of Corruption Act was not amended and the word "was"

has not been inserted. He argues that since the petitioner is being

(2 of 2) [CRLMP-4091/2022]

prosecuted for holding the post of sarpanch at the relevant time,

prosecution sanction before proceeding against her is requested.

3. The matter requires consideration.

4. Issue notice. Issue notice of the stay application also,

returnable within six weeks.

5. Meanwhile, further proceedings against the petitioner in

Special Session Case No.5/2021 pending before the learned

Special Judge, Prevention of Corruption Act Cases, Bikaner shall

remain stayed.

(DINESH MEHTA),J 260-Arvind/-

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