Bansi Lal Bhat, J.

This LPA is directed against the judgment dated 16.02.2005 passed by learned Single judge by virtue whereof OWP No. 1055/1998, titled "J.S. Modi v. State and Ors." was allowed and FIR No. 34/1997, registered at Police Station Vigilance Organization Jammu against the respondent, order of sanction for prosecution dated 05.05.1998 and charge-sheet filed as a sequel to the investigation in the aforesaid FIR pending determination before learned Special Judge, Anti-corruption, Jammu were quashed by a Writ of Certiorari. The impugned judgment has been assailed primarily on the ground that exoneration of respondent by commission of inquiry could not act as a bar to continuation of criminal proceedings against respondent and that the sanction for prosecution of respondent and others was accorded upon due application of mind and same could not be subjected to scrutiny on questions of fact.

2. Facts leading to prosecution of respondent and others for offence under Section 5 (2) of J&K Prevention of Corruption Act, 2006 read with Sections 409, 419, 420, 467, 468, 471, 477-A, 201 and 120-B of Ranbir Penal code are required to be briefly noticed. Respondent-J.S. Modi,