SANCTION OF GOVERNMENT FOR F.I.R. AGAINST OFFICER IS NOT NECESSARY : ALLD. H.C.

In an important judgment, the Allahabad High Court has said that application under Section 156(3) of Cr.P.C. could not be rejected on the ground that the sanction of appropriate Government or Authority would be required at the time of taking cognizance. Any person can file application for lodging FIR against any Government Employee. For this no sanction is required from the Government. The Court said that the Special Judge has full power to pass an order on such application. he can’t reject the application on the ground that sanction of Government is not taken. The Court has directed that the Special Judge under the prevention of Corruption Act is empowered to pass an order for registration of an FIR and investigation on an application moved by a person under Section 156(3) Cr.P.C. The said order was passed by Justice V.K.Verma by allowing the revision petition of one Mahipal. According to petition the petitioner filed an application under Section 156(3) of Cr.P.C. for registering the FIr against SI S.C. Badhautiya & sHO G.K. Singh of P.S. kasna for demanding the bribary. http://indianlaw.blog.co.in/

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