Prevention of Corruption Act, 1988–Sec. 13(1)(d) & 13(2)–FIR for the offence–Sustainability–Allegation against the petitioner that he allotted extra land by going beyond the rules–As per material available on record, N & S were declared highest bidder and land was sanctioned upon their application–Thereafter, the additional land was allotted on enhanced rate with 15% interest on original allotment price–Govt. declined to grant the prosecution sanction against the Assistant Town Planner because he has been retired–It was found that there was no prima facie evidence to indicate any criminal misconduct or wrongful gain nor any loss to State Exchequer–It is unjust and discriminatory for the State to prosecute those without institutional protection, while refraining from initiating proceedings against the key actors who enabled the offence–FIR deserves to be quashed.
