ARCHANA VARMA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) AS the above cited criminal petitions have arisen out of the common order, dated 21.08.2013, involving the same questions of law, based on similar facts, for the sake of convenience and as agreed to by the learned counsel, appearing for the parties. I have heard the said criminal petitions together and propose to dispose of this set of six criminal petitions, by this common order. Smti. Renu Dutta Baruah and Smti. Asomee Dutta Baruah, as complainants, filed a complaint case being complaint case No. 02 of 2012 before the learned Special Judge, Assam, Guwahati bringing certain allegations relating to corruption against the petitioners, who were the public servants at the relevant time. On receipt of the said complaint, the learned Special Judge, Assam, Guwahati, by order, dated 21.08.2012, passed in complaint case No. 2 of 2012 came to the findings that the accusation made against the accused persons i.e. the petitioners indicated commission of the offences under the Indian Penal Code and the Prevention of Corruption Act, 1988 (for short P.C. Act) and the learned Special Judge, exercising jurisdiction under Section 156(3) Cr.P.C., forwarded the complaint petition to the Superintendent of Police, Anti -Corruption Bureau (for short 'ACB') P.S. to register a case under appropriate provision of Indian Penal Code and the provision of P.C. Act, 1988, for investigation and fixed the matter for report on 26.09.2012.

(2.) AGGRIEVED by the said order, the petitioners aforesaid have come up with the present quashing proceedings under Section 482 Cr.P.C. on the grounds that the impugned order dated 21.08.2012 cannot be maintained for want of sanction as required under Section 19(3) of the RC. Act, 1988, inasmuch as, the petitioners (accused persons) are public servants. I have heard the learned counsel appearing for both the parties and perused the impugned order.

(3.) MR . S. Sarma, learned Additional Advocate General, Assam, appearing on behalf of the State, referring to the Government Affidavit dated 6.10.2012, filed in criminal petition No. 578/2012, has submitted that continuation of the investigation without following due procedure of law is not permissible and that in order to protect the honest and sincere public servants, government sanction under Section 19 of the P.C. Act, prior to taking any action against public servant, is necessary and that the present proceeding is bad for want of said sanction.