Judge under POC Act can pass order to lodge FIR, says HC

Allahabad, Oct 21 (UNI) The Allahabad High 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) of the CrPC.

Justice V K Verma allowed the revision petition of one Mahipal, who moved the High Court challenging the order of the special judge of the Disrict and Session Court Gautam Budh Nagar in which the lower court had rejected his application for registering a case against sub-inspector Suresh Chand Badhautiya and SO Gyanendra Kumar Singh Kasna police station, Gautam Budh Nagar under the Act.

The High Court said the application under section 156(3) of the CrPC could not be rejected on the ground that 'sanction' of appropriate government or authority would be required at the time of taking cognizance.

The High Court said no 'sanction' was required at the time of the registration of FIR.

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