ISHWAR AADHAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CRIMINAL Appeal under Section 378 of Code of CRIMINAL Procedure 1. Challenge in this appeal is to the order of discharge dated 15.1.93 passed by the Special Judge, Raipur, in Special CRIMINAL Case No. 139/91, whereby learned Special Judge has acquitted the Respondent of the charge of the then applicable under Section 161 of the Indian Penal Code and Section 5(i)(d) read with Section 5(2)of the Prevention of Corruption Act, 1947 on the ground that after repealing of the Prevention of Prevention Act, 1947 (hereinafter referred to as 'the Act, 1947'), sanctioning authority has accorded sanction under the provisions of the Act, 1947 on 5.2.1991 for which he was not competent to accord sanction and any such sanction is not sine qua non for taking cognizance of the offence and was no legal sanction.

(2.) ORDER is impugned on the ground that sanctioning authority was competent to accord sanction and only on the ground of misquoting of the provisions, especially in the light of Section 30(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act, 1988') would not initiated the proceedings but by discharging the Respondent, the Court below has committed illegality.

(3.) ON 5.2.1991 Prevention of Corruption Act, 1947 was not in force and was repealed by Section 30(1) of the Act, 1988 (Act No. 49 of 1988) which came into force on 9.9.1988. Sanction for prosecution under the provisions of the Act, 1988 is also sine qua non for taking cognizance in accordance with Section 19 of the Act, 1988 which reads as under: