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2015 Supreme(Gau) 1284

C.R.SARMA
Pronab Baruah – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates:
For the Petitioner: K. Agarwal, A.K. Gupta.
For the Respondent: Mr. K. Munir, A.M. Bora, P.N. Goswami, N.J Khataniar, I Kalita, U.C. Rabha, P.K. Borooah, S.M. Sarma.

1. The complainant filed a private complaint, being complaint case No. 14 of 2013 against the accused petitioner, who was a public servant, bringing allegations of corruption. On receipt of the said complaint, the learned Special Judge, Assam, by order, dated 20.11.2013, exercising power conferred by Section 156(3) Cr.P.C. directed the Superintendent of Police, Vigilance and Anti-Corruption, Assam, to register a case under appropriate provision of Prevention and Corruption Act, 1988, and investigate into the matter. Direction was also made to submit a report within one month, fixing the matter for report on 26.09.2012.

2. Aggrieved by the said order and the proceeding in Complaint case No. 14/2013, the petitioner aforesaid has come up with this quashing proceeding on the ground that jurisdiction under Section 156(3) Cr.P.C. could not have been exercised, without obtaining prior sanction under Section 19(3) of the Prevention of Corruption Act, 1988 (hereinafter called the P.C. Act.), inasmuch as, the petitioner (accused person) was a public servant.

3. I have heard the learned counsel appearing for both the parties. It is submitted that the present case is covered by order dated 13.05










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