Remedies available in False case of corruption

[Yogendra Singh]

officer’s character has been recorded as “uttam” every year and has not been prosecuted ever. and beside being officer of only one district he has raided several districts’ shops and has leaded many teams made my joint commissioner and commissioner himself and due to his activeness and alertness govt. has gained profits of Crores. {documents available regarding this.} and was posted at the same post since 11 years.

[Dr. Ashok Dhamija]

Before filing of charge sheet, there is a requirement of obtaining sanction for prosecution of the public servant from the competent authority under Section 19 of the Prevention of Corruption Act, 1988. If you are innocent, then your competent authority may refuse to grant the sanction, in the absence of which the court will not be in a position to take cognizance of the case. On the other hand, if the competent authority grants sanction, then that would imply that your own authority is not convinced about your innocence.

In any case, you may apply for discharge if you feel that there is no evidence to prosecute you. Please consult some local lawyer having expertise in corruption cases, by showing him all the relevant papers. Only after seeing the papers in details, can someone guide you on the issues of facts.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Yogendra Singh]

that authority is commissioner and he has given ” abhiyojan swikriti” we are indeed going through lawyers, sir. But i just wanted to know if we may get relief u/s 482 for quashing the chargesheet. In your personal opinion is it possible??

[Dr. Ashok Dhamija]

Usually, it is very difficult to get the charge sheet quashed or to get discharge from the case. But, this is only a general observation since it all depends on the facts of the case. You’ll have to show detailed facts / documents to some good lawyer at your place to get a definitive opinion. It is not possible to give a firm opinion on the basis of information furnished by you. This is exemplified by the fact that your own competent authority has not agreed with your defence and this may be the reason why it has granted sanction for prosecution. Therefore, you’ll need a detailed examination of the issues for your defence.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Yogendra Singh]

thanx a lot for your time sir, i m highly obliged.

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