BABAN LAL Vs. MD MOKHTAR KHAN

JUDGEMENT

(1.) THE petitioner is assailing the order dated 10.11.2008 whereby the learned Special Judge (C.B.I.) has taken cognizance for the offence punishable under section 7 and 13 (2) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988, and order dated 23.04.2011, whereby learned Special (C.B.I.) has dismissed the application of the petitioner seeking discharge.

(2.) BRIEF facts of the present case, inter alia, are that the petitioner demanded bribe from Sri Gopal Prasad Sinha to clear his bill . Sri Gopal Prasad Sinha approached the C.B.I., Ranchi. After discreet enquiry on the allegation made by Sri Gopal Prasad Sinha an F.I.R. was registered against the petitioner on 09.07.2008. A trap was organized and the petitioner/ accused was caught red handed accepting bribe of Rs. 2500/-. C.B.I. sought sanction from M/s Bharat Coking Coal Limited to prosecute the petitioner. General Manager, B.C.C. Ltd., Sijua Area accorded sanction vide order dated 22.09.2008 (Annexure-7). Thereafter, C.B.I. has submitted charge sheet against the petitioner for offences punishable under section 7 and 13 (2) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988.

(3.) ON the other hand Mr. Mokhtar Khan, Assistant Solicitor General of India appearing on behalf of the C.B.I.- respondent, has submitted that in view of section 19 (3)(a)(b) as well as Explanation (a) error, omission or irregularity in grant of sanction is no ground to quash the criminal proceeding or to acquit the accused, unless Court finds that such error, omission or irregularity in grant of sanction has resulted in failure of justice. Mr. Mokhtar Khan, Assistant Solicitor General of India has further argued that it is admitted case that the Chairman-cum- Managing Director vide office order dated 31.5.1998 has delegated the powers to all the General Managers of the Areas in the matter of disciplinary proceedings.