New Delhi, A court here has dismissed a complaint seeking lodging of an FIR against 26 Delhi government officials and a former MLA for alleged corruption in grant of licences in a wholesale vegetable market due to lack of sanction to prosecute them.
The court said due to want of sanction, which is a condition precedent for directing investigation under the CrPC, no notice of a private complaint against government officials for the alleged offences can be taken.
“Thus, from the mere glance at the judgments of the Supreme Court and the Delhi High Court, there can be no doubt that sanction is a condition precedent for directing investigation under section 156(3) CrPC,” Special Judge Hemani Malhotra said.
The court said it does not find any ground to order probe or to take cognisance of the complaint, filed by one Vimal Kumar who earlier held a licence in Jheel Subzi Mandi in East Delhi.
Kumar had sought registration of FIR against 27 persons who were public servants for the alleged offences under the IPC, including cheating, forgery, using forged documents as genuine and criminal conspiracy, and the provisions of the Prevention of Corruption Act.
The complainant alleged that he was license holder in the wholesale market in 1979 and his licence was not renewed by the said persons who were officials of Agricultural Produce Marketing Committee(APMC) and Delhi Agricultural Marketing Board(DAMB).
He alleged that on making an enquiry, he came to know that these officials were involved in corruption and granting licences only to those who were giving huge amounts as bribe to them.
He also claimed irregularities in allotment of licences and shops and lodged a complaint to the Delhi Police chief and the Anti Corruption Branch in January 2015, but said no action was taken.
On the issue of sanction, the complainant’s counsel argued that sanction is to be obtained by the investigating agency, once directions are given for investigation.
The court, however, said, “admittedly, no sanction has been obtained by the complainant against the officials of APMC and DAMB … from the competent authority.
“Therefore, in this scenario, no notice of the private complaint against the officials of APMC and DAMB who are public servants for alleged commission of offences punishable under the Prevention of Corruption Act and IPC can be taken.
