1. Through the medium of this petition under section 561-A Cr.P.C. the petitioner, namely, Abdul Majeed Khan, has sought indulgence of this court for quashing of proceedings in case titled as State vs. Abdul Majeed Khan, for offences u/s 420,467 and 468 RPC and 5(2) Prevention of Corruption Act, 2006, pending decision before the learned Special judge Anti-Corruption, Srinagar (Kashmir).

It is inter-alia maintained in the petition that the petitioner was serving as clerk in the Ancilliary Medical Training School, Srinagar in the year 1981 where from he has since retired on superannuation. That the said Ancillary School is under the control of the State Medical Faculty headed by Director Health Services, who is its ex-officio president. The faculty is run with a view to impart training and conduct examinations of various Ancillary Medical Branches such as Nurses. Ancillary Nurses, Mid wives, Dental Technitians, Medical Assistants etc. That the candidates are trained in two A.M.T. Schools of the state, one attached to the S.M.H.S. Hospital, Srinagar and the another attached to S.M.G.S. Hospital, Jammu. That the Ancillary Nurses Mid wives (for short ANM) course is spread over two parts. The candidates passing both parts of the course is entitled to the Diploma from the State Medical Faculty (Council) enabling to appear for selection as ANM. That in the year 1981 when the petitioner was posted in AMT School Srinagar, a bogus/fake certificate allegedly surfaced during the course of interview conducted by the State Health Department for appointment of ANM. It was allegedly produced by one Halima D/o Ali Muhammad Pampori R/o Batamaloo for selection as ANM. That the matter came to be reported to the Govt. leading to filling of a case FIR No. 18/1982 at police station Vigilance Organisation, Kashmir. That the investigation was conducted by one Hira Lal Koul, who on the basis of communal bias, screening the real culprits, manipulated the case against the petitioner who is in no way associated with the imparting of training to the trainees for said course or with the issuance of Certificates/Diploma to the trainees. That the registration of the case ultimately culminated into production of challan against the petitioner before the learned Special Judge. Anti corruption , Srinagar on 30-07-1985. That the case is pending adjudication before the said court from the last 15 years. That in the said case it is alleged by the prosecution that the Diploma Forms were printed by M/S B.R. Company and Fictitious particulars of Haleema, who allegedly produced the certificate, were tempered by a stenographer, namely. Piyaray Lal Bhat ,employee in the Health Department. That the investigation officer, on account of bias manipulated the case against the petitioner in order to save the real culprits. That the defence taken in the case is that there is no valid sanction granted for prosecution of the petitioner and the material on record discloses not even a prima facie case for charge against the petitioner. That the prosecution evidence in the case came to be recorded during the period from 1985 to 1994. That after closer of evidence the statement of the petitioner was recorded under Section 342 Cr.P.C. and the case was finally argued before the trial court and during the course of arguments it was found that no sanction was available on record for prosecution of the accused petitioner, faced with this situation the prosecution filed an application before the trial court for

leave to place on record the original sanction and the learned trial court, instead of delivering the judgement in the main case, came to allow the prosecution to place the original sanction vide its order dated 23-12-2000 in sheer abuse of process of law and abuse of process of court. That the said order is bereft of any merit and has resulted into mis-carriage of justice. That the said order is passed by the trial court u/s 540 Cr.P.C.. The powers vested by this sanction has been g

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