APURBA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application filed under Section 482 of the Cr.P.C. is directed against the order dated 27.8.2010 passed by the learned Special Judge, Assam, Guwahati, in Special Case No. 13 of 2006, whereby the Special PP's application for acceptance of 2nd prosecution sanction order of the Govt. in modified form was allowed and also the order dated 16.09.2011 whereby the petitioner's application for recalling the former order aforesaid was rejected. The genesis of passing the aforesaid impugned orders are as follows: The petitioner, while serving as Sub-Registrar at Hojai, was implicated in a criminal case, which was registered on the basis of an FIR lodged by one Shri Lalbihari Pashi, as Hojai P.S. Case No. 242/2002 u/s. 7 of the Prevention of Corruption Act, 1998 (P.C. Act in short). The prosecution sanction order was granted and conveyed by the Deputy Secretary to the Govt. of Assam, Revenue (Registration) Department vide No. REGN.89/2002/55 dated 17.05.2005. On completion of investigation, charge-sheet was submitted by the Officer-in-Charge on 27.042006, on the basis of which the learned Special Judge, Assam, Guwahati, (trial Court in short), registered the Special Case No. 13/2006. The charge was also framed against the present petitioner under Section 7 of the P.C. Act. As many as 7 witnesses have been examined and cross-examined and the evidence of witnesses by the prosecution has been closed on 22.02.2010. One CW was also examined to prove the prosecution sanction which was accorded by the then Deputy Secretary to the Govt. of Assam in Revenue (Registration) Department. The following facts are relevant for disposal of this petition:--

(2.) The petitioner has stated that he is highly aggrieved by and dissatisfied with the impugned orders:--

(3.) The main challenge in this petition is directed against the 2nd/modified prosecution sanction dated 15.05.2010 which has been accepted by the learned trial court vide order dated 27.08.2010. The learned trial Court accepted the said sanction order of the Govt. issued under the signature of Shri V.K. Pipersenia, Principal Secretary to the Govt. of Assam, Revenue and Disaster Management Department, in a modified form relying upon the decision of the Apex Court in Lalu Prasad Yadav Vs. State of Bihar through CBI (AHD), 2007 1 SCC 49, wherein it has been held that: