ANTI-CORRUPTION COMMISSION Vs. MOHAMMAD BAYAZID

JUDGEMENT

(1.) In this petition the petitioner Anti-corruption Commission calls in question the property of the judgment of the High Court Division in quashing the proceedings in Special Case No. 3 of 2009 pending before the Special Judge, Mymensingh on technical grounds that no sanction has been given by it in conformity with Form-3 appended to the ACC Rules, 2007.

(2.) Short facts leading to the initiation of the proceedings are that pursuant to an FIR lodged with the Kotwali police, Mymenshingh, for alleged commission of offences punishable under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, G.R. Case No. 451 of 2007 was started against the respondent Mohammad Bayazid, the Superintendent Engineer, Roads and Highways. The investigating agency eventually submitted a police report recomm-ending for prosecution of the respondent on 13th January, 2009. The case record was eventually sent to the Senior Special Judge, Mymenshing for trial. The Special Judge who got the case for trial subsequently on rejecting the respondents petition made under section 265C of the Code of Criminal Procedure, framed charge against him under section 5(2) of the Prevention of Corruption Act, 1947 on 26th January, 2009. Thereafter, the respondent moved the High Court Division.

(3.) Though the High Court Division noticed that the police report was submitted with prior sanction of the Commission, it was observed that such sanction was not in conformity with Form-3 of the Anti-Corruption Commission Rules. The High Court Division was of the view that the sanction letter under memo dated 7th October, 2009 was a mechanical one without application of mind and accordingly quashed the proceeding.