Anil Daima vs State Of Rajasthan

REPORTABLE ITEM NO.75 COURT NO.7 SECTION II-D

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) Nos.1010-1011/2026

[Arising out of impugned final judgment and order dated 03-10-2025 in SBCRMP No. 450/2025 03-10-2025 in SBCRMP No. 451/2025 passed by the High Court of Judicature for Rajasthan at Jaipur]

ANIL DAIMA ETC. Petitioner(s)

VERSUS

STATE OF RAJASTHAN & ORS. Respondent(s)

Date : 19-01-2026 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

For Petitioner(s) :Mr. Ashok Gaur, Sr. Adv. Ms. Megha Karnwal, AOR Ms. Sakshi Singh, Adv. Mr. Tarun Jaiman, Adv.

Signature Not Verified

Digitally signed by CHANDRESH Date: 2026.01.20 09:57:08 IST Reason: S.L.P.(Crl.) Nos.1010-1011/2026

For Respondent(s) : Mr. Shivmangal Sharma, AAG Mr. Puneet Parihar, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. These petitions arise from a common judgment and order

passed by the High Court of Judicature for Rajasthan, Bench at

Jaipur dated 3.10.2025 by which the two Criminal Miscellaneous

Petitions i.e. Criminal Misc. Writ Petition Nos. 450 and 451 of

2025, respectively, filed by the petitioners before us came to

be disposed of.

2. The High Court addressed itself on two neat questions of

law. The two questions of law are as under:-

“(I) If any offence under the Prevention of Corruption Act is committed by a person, serving under the Central Government, or an employee of the Central Government, within the territorial jurisdiction of the State of Rajasthan, whether the State agency of Anti-Corruption Bureau (ACB) is authorized and has jurisdiction to register a criminal case against such person and to proceed for investigation and filing of charge-sheet. Or whether the jurisdiction lies exclusively with the Central Bureau of Investigation (CBI), and without prior approval/ consent of the CBI, the ACB cannot proceed in the matter?

(II) If a charge-sheet of an offence under the Prevention of Corruption Act, is filed by the Anti-

Corruption Bureau against a person, serving under the S.L.P.(Crl.) Nos.1010-1011/2026

Central Government or an employee of the Central Government before the Court of competent jurisdiction, but without obtaining the approval/ consent of the CBI, whether such charge-sheet can be considered valid in law and within jurisdiction to commence and culminate the criminal trial of such offence in accordance with law?”

3. Both the questions, referred to above, have been answered by

the High Court against the petitioners. The High Court after

due consideration of the position of law and a review of

various decisions of this Court and the provisions of law, has

recorded a categorical finding that the ACB of the State of

Rajasthan has jurisdiction to register the criminal case under

the provisions of the Prevention of Corruption Act despite the

fact that the accused is an employee of the Central Government.

The High Court has taken the correct view while saying that it

is incorrect to say that it is only the CBI who could have

instituted the prosecution.

4. At this stage, the learned counsel made an endeavour to

persuade us to give benefit of Section 17-A of the Prevention

of Corruption Act, 1988 (for short “the Act, 1988”) to his

clients under the provision of Section 17-A.

5. At the outset, we must clarify that the petitioners S.L.P.(Crl.) Nos.1010-1011/2026

before us are sought to be prosecuted for the offence

punishable under Sections 7 and 7A respectively, of the Act,

1988.

6. This is a case of demand of illegal gratification.

Section 17-A reads thus:-

“17-A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties.—(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval—

(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: S.L.P.(Crl.) Nos.1010-1011/2026

Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.”

7. The entire submission of the learned counsel is

thoroughly misconceived. Section 17-A came to be enacted with a

particular object. Section 17-A talks about enquiry or inquiry

or investigation of offences relatable to recommendations made

or decision taken by public servant in discharge of official

functions or duties. Section 17-A by any stretch of

imagination cannot be applied to cases of demand of illegal

gratification.

8. We have no hesitation in rejecting such submission at the

threshold.

9. With the aforesaid, the Special Leave Petitions stand

dismissed.

10. Pending application(s), if any, stands disposed of.

(CHANDRESH) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)