OM PRAKASH YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application under section 401 read with section 482 of the Code of Criminal Procedure is directed against the order dated 13.2.2006 passed by the learned 3rd Court of Additional Sessions Judge at Barasat in Special Case No. 11 of 2003.

(2.) Mr. Dastoor appearing as learned Counsel for the petitioner submits that the learned Trial Court while passing the said impugned order dated 13.2.2006 did not, in fact, take into consideration the application which was filed before the said learned Court seeking adjournment and praying for direction upon the Ministry of Civil Aviation to submit document which was suppressed while according sanction.

(3.) Mr. Dastoor while referring to the backdrop of the present case submits that the present petitioner was an officer in the Security Wing of the Ministry of Civil Aviation. He submits that the Chief Commissioner of Security of the Ministry of Civil Aviation in connection with the matter for according sanction for prosecution as against the present petitioner strongly recommended that such sanction should not be granted. But despite that without taking into consideration the said recommendation of the supreme authority of the concerned department, sanction was accorded. Mr. Dastoor then submits that the present petitioner by filing an application while seeking adjournment prayed for a direction upon the Ministry of Civil Aviation to submit relevant documents which had been suppressed while according sanction. According to Mr. Dastoor, such significant aspect was not at all taken into consideration by the learned Trial Court while rejecting the prayer for dischare of the petitioner and then going ahead with the framing of charge under section 7 of the Prevention of Corruption Act.