Case Note & Summary
The State of Punjab appealed against the judgment of the Punjab and Haryana High Court which set aside the trial court's order summoning Dr. Pratap Singh Verka under Section 319 CrPC for offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. The case arose from an FIR lodged on 25.04.2016 alleging that the respondent, a doctor at Guru Nanak Hospital, demanded and accepted a bribe of Rs. 10,000 through co-accused Vikas for admitting a prisoner. A trap was laid, and Vikas was caught red-handed receiving Rs. 5,000; the respondent was also arrested. Both were released on bail, but the chargesheet filed on 22.12.2016 only named Vikas. During trial, complainant Gurwinder Singh deposed as PW-1 on 12.05.2017, stating that the respondent had demanded the bribe. The prosecution then moved an application under Section 319 CrPC, which was allowed on 20.05.2017, summoning the respondent. The High Court set aside this order on the ground that no sanction under Section 19 of the PC Act had been obtained. The Supreme Court held that Section 319 CrPC is a procedural provision that does not involve taking cognizance; cognizance had already been taken when the court took cognizance of the offence against the co-accused. Therefore, no prior sanction under Section 19 is required for summoning a public servant under Section 319 CrPC. The appeal was allowed, the High Court's order was set aside, and the trial court's summoning order was restored.
Headnote
A) Criminal Procedure Code - Section 319 CrPC - Summoning of Additional Accused - Requirement of Sanction - The court considered whether sanction under Section 19 of the Prevention of Corruption Act, 1988 is a prerequisite for summoning a public servant under Section 319 CrPC. The Supreme Court held that Section 319 CrPC is a procedural provision and does not amount to taking cognizance; therefore, no prior sanction is required. The High Court's order setting aside the trial court's summoning order on the ground of lack of sanction was set aside. (Paras 1-10) B) Prevention of Corruption Act, 1988 - Section 19 - Previous Sanction for Prosecution - Applicability to Section 319 CrPC - The bar under Section 19 applies only to taking cognizance by a court, not to summoning a person already named in the FIR or chargesheet. The Supreme Court clarified that summoning under Section 319 CrPC is a step after cognizance and does not require fresh sanction. (Paras 7-10)
Issue of Consideration
Whether previous sanction under Section 19 of the Prevention of Corruption Act, 1988 is required before a court can summon a public servant under Section 319 of the Code of Criminal Procedure, 1973 to face trial for offences under the PC Act.
Final Decision
Appeal allowed. High Court's order dated 02.08.2018 set aside. Trial Court's order dated 20.05.2017 summoning respondent under Section 319 CrPC restored.
Law Points
- Section 319 CrPC
- Section 19 Prevention of Corruption Act
- 1988
- cognizance vs. summoning
- previous sanction for prosecution
- public servant
