A Delhi court has discharged three policemen, including an inspector, of corruption charges for want of proper sanction for prosecution, but has proceeded against them for allegedly extorting money from a businessman.
Special Judge Sangita Dhingra Sehgal discharged Inspector K G Tyagi, Sub-Inspector Mukesh Singh and Assistant Sub- Inspector Rajbir Singh of the Crime Branch on the technical ground but made it clear that a fresh charge sheet with valid sanction for their prosecution can be filed against them.
The court, however, slated the case for September 24 to consider framing of charges against the trio, who also face prosecution for allegedly extorting money from a businessman in a murder case in 2008.
“It is well settled law that any case instituted without a proper sanction must fail because this being a manifest difficulty in the prosecution, the entire proceedings are rendered void ab initio.
“Investigation was incomplete on February 9, 2009 at the time of according sanction and number of material documents came into existence after according sanction till the filing of supplementary charge sheet on February 10, 2010 which were not placed before the sanctioning authority,” the court said.
Tyagi was suspended in 2008 for alleged corruption and his two junior colleagues were made accused in a case registered on a complaint by Abhinav Aggarwal a businessman from Old Delhi.
The trio were booked under provisions of the Prevention of Corruption Act and also under the Indian Penal Code for extortion and criminal conspiracy.