GUWAHATI, India, Feb. 3 -- Gauhati High Court issued the following order on Jan. 6:

1. Heard Mr. S K Ghosh, learned counsel for the petitioner. Also heard Ms. M Kumari, learned Retainer counsel, CBI for the respondent.

2. The challenge in the present criminal revision petition is to an order dated 24.08.2012 passed by the learned Special Judge, CBI, Assam, in Special Case No. 04/2008, framing a charge against the petitioner, herein, under Sections 120B/403/420/468/477A IPC and Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988 and also the consequential order dated 27.08.2012 framing a charge under the above provisions of law against the petitioner, herein.

The CBI, SPE, Silchar had on 31.10.1994 registered a case, being RC-12(A)/94-SLC against the petitioner, herein and two others under Section 120-B read with Section 420 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

After completion of the investigation, the CBI authorities laid a charge-sheet under Sections 120B/403/409/419/420/465/467/468/471/ 477A IPC and Section 13(2) read with Section (1)(c) & (d) of the Prevention of Corruption Act, 1988 before the Court of learned Special Judge, Assam, Guwahati on 28.11.1997 against the petitioner and two others. The charge having been read over and explained to the petitioner and the other accused, they having pleaded not guilty, a trial ensued.

On conclusion of the trial, the learned Special Judge, CBI, vide judgment and order dated 27.09.2005 proceeded to discharge the petitioner and the other two accused on the ground of an invalid sanction as obtained from the competent authority to launch prosecution against the petitioner, herein.

During the trial, the petitioner, herein, having demonstrated that the prosecution sanction as obtained in his case by the CBI authorities being not a valid sanction from a competent authority, the learned Trial Court had held that the Court cannot take cognizance of the offence involved against the petitioner as well as the other accused and accordingly, proceeded to dismiss the entire prosecution case and released the accused persons of all offence leveled against them. The CBI authorities, thereafter, obtained a fresh prosecution sanction in respect of the petitioner, herein, from the competent authority on 14.01.2008 and thereafter, submitted a fresh charge-sheet along with the said prosecution sanction order taken in the matter. Thereafter, a hearing was held in the matter, which led to the passing of the impugned order dated 24.08.2012 and the order dated 27.08.2012.

Being aggrieved, the petitioner, herein, has instituted the present proceedings.

3. Mr. S K Ghosh, learned counsel for the petitioner, at the outset has submitted that after the filing of the initial charge-sheet, the learned Trial Court had conducted a full-fledged trial in the matter and after examination of the witnesses so adduced by the prosecution and also upon examining the petitioner and the other accused under Section 313 Cr.P.C. along with the defence witnesses as adduced in the matter, the petitioner having demonstrated that the prosecution sanction as accorded in the matter to prosecute the petitioner was invalid, had proceeded to acquit the petitioner from the offences.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BEOesR99%2FytR1BN%2FhxUzZ87MGS9%2BZjH2ySi0APCylLfX&caseno=Crl.Rev.P./522/2012&cCode=1&cino=GAHC010122582012&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.