MD MUSA KAZMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE application is being disposed of at the stage of admission itself after hearing the learned counsel for the petitioner the State of Bihar Opposite party.

(2.) THE petitioner is aggrieved by the order dated 28.5.1994 passed by the learned Special Judge (Vigilance), South Bihar, Patna in Special Case No. 87/90 arising out of Vigilance Case No. 49/90. By the said order cognizance had been taken against the petitioner and three others under Sections 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 corresponding to Section 13(1) (d) read with Section 15 of the Prevention of Corruption Act, 1988 (hereinafter referred to the 'Act ') and Section 120B/109 of the Indian Penal Code and warrant of arrest was issued against the accused persons including the petitioner. The petitioner in this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to the 'Code ') has sought quashing of the aforesaid order taking cognizance and the entire criminal proceedings launched against him on that basis.

(3.) A number of grounds were taken in the application for quashing the impugned order taking cognizance, such as that it was barred by limitation under Section 468 of the Code as also on account of absence of any order sanctioning the prosecution of the petitioner for offences under the Act. Both these grounds were given up by the counsel appearing for the petitioner. Obviously, the provisions of Section 468 of the Code are not attracted on the facts of the case and as stated by the learned counsel in course of argument the necessary order sanctioning the prosecution against the petitioner had already been passed by the required authority.