AJAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned APP.

(2.) Petitioner has filed instant petition purported to be under Section 482 of the Cr.P.C. for quashing of order dated 8.03.2011 passed by learned Special Judge, CBI, Patna in Special Case No. 2 of 2011, RC2A/2011 whereby and whereunder petitioner Ajay Kumar Sinha has been summoned to face trial for an offence punishable under Section 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

(3.) Simple submission on behalf of the petitioner is that the aforesaid cognizance happens to be in contravention of Section 19 of the Prevention of Corruption Act because of the fact that the sanction in whatever manner accorded does not appear to be by the competent authority so designated by the State Bank of India so communicated vide letter no. CDO/P&HRD-CM/40/2004-5. So submitted that as the sanction has not been accorded by the authority competent to accord sanction therefore, sanction available on the record is legally not recognizable. Not only this, it has further been pleaded that presence of sanction is condition precedent for taking cognizance and as there appears to be no valid sanction on the record, therefore, the order impugned is non avocative and is accordingly, fit to be quashed.