Deepak Joshi vs State Of Rajasthan
2022 Latest Caselaw 7531 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 197/2022

Deepak Joshi S/o Sh. Dhulji Joshi, Aged About 41 Years, Mukam Post Sundarpur, Teh. And Dist. Banswara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Dept. Of Rural Development And Panchayati Raj, Govt. Of Raj., Secretariat Jaipur.

2. Chief Executive Officer, Zila Parishad, Banswara (Raj.).

3. Superintendent Of Police, Anti Corruption Bureau, Udaipur Range, Udaipur.

----Respondents

For Petitioner(s) : Mr. Lokesh Mathur For Respondent(s) : Mr. Ramdev Choudhary, Govt.

Advocate

JUSTICE DINESH MEHTA

Order

19/05/2022

1. Challenging the order dated 04.05.2022 and 06.05.2022,

whereby prosecution sanction has been issued in petitioner's case,

Mr. Lokesh Mathur, learned counsel for the petitioner invites

Court's attention towards the decision dated 18.07.2019 in which

the District Establishment Committee had dealt with the facts

elaborately and opined that there was no reason to grant sanction

to prosecute the petitioner, as he himself had refused to accept

the bribe.

2. Court's attention is also drawn towards the letter written by

the State Government and corresponding response given by the

(2 of 2) [CRLW-197/2022]

District Establishment Committee that the prosecution sanction

once refused, cannot be reviewed by the same authority.

3. He also relies upon the judgment of Hon'ble the Supreme

Court in State of Himachal Pradesh Vs. Nishant Sareen

reported in 2010 14 SCC 527 and the circular dated 16.05.2016,

issued by the State Government and argues that the State

Government has issued dictat to the District Establishment

Committee to grant prosecution sanction, due to which the

impugned sanction has been issued, else there is no material

against the petitioner.

4. Matter requires consideration.

5. Admit. Issue notice. Issue notice of stay application also,

returnable within six weeks.

6. Meanwhile, effect and operation of the decision dated

04.05.2022, granting prosecution sanction to proceed against the

petitioner, shall remain stayed.

(DINESH MEHTA),J 170-Ramesh/-

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