Thus, the question of sanction being incident to the trial of the case and on perusal of the record, there is a sufficient material on record to charge the accused, the accused shall be charged under Section 7 read with Section 13 a d and 13 2 of the Prevention of Corruption Act, 1988.
The Special Judge, by his order dated 18th of August, 2005 rejected his companytention, inter alia, observing that there is sufficient material on record for framing of the charge.
Aggrieved by the same, the accused preferred an application under Section 482 of the Criminal Procedure Code before the High Court challenging the aforesaid order.
Accordingly, the Special Judge rejected the prayer of the accused.
The accused was repatriated on the same day to his parent organization by the State Government of Uttarakhand.
It also granted sanction for his prosecution on 23rd of August, 2004 and the charge sheet was submitted on 25th of August, 2004 in the Court of Special Judge, Anti Corruption II, Nainital.
Consequent upon reorganization of the State of Uttar Pradesh, he was taken on deputation on 23rd January, 2003 and posted as Deputy General Manager of the State Industrial Development Corporation, hereinafter referred to as SIDCUL , a Government undertaking of the State of Uttarakhand.
Aggrieved by the aforesaid order, the State of Uttarakhand has filed the present special leave petition.
Accused prayed for discharge, inter alia companytending that the materials on record are number sufficient for framing of the charge and further, in the absence of valid sanction from the companypetent authority, as required under Section 19 1 c of the Act, the trial can number legally proceed.
This submission found favour with the High Court.
Leave granted.
CHANDRAMAULI KR.
While working as the Deputy General Manager of SIDCUL, a trap was laid on 30th of June, 2004 and he was arrested while accepting an illegal gratification of Rs.30,000/ .
PRASAD, J. Yogendra Nath Arora hereinafter referred to as the Accused was earlier employed as Deputy General Manager in U.P. Industrial Consultants, an undertaking of the State of Uttar Pradesh.
