ORDER :

Rajeev Singh, J.

1. Heard Shri Nandit Kumar Srivastava, learned counsel for the applicant and Shri S.B. Pandey, learned A.S.G.

2. This application under Section 482 Cr.P.C. has been filed for quashing entire prosecution of the applicant in the Special Case No. 08 of 2018 arising out of Crime No. RC0062016A0018, Police Station C.B.I./A.C.B., Lucknow.

3. Learned counsel for the applicant submitted that the FIR with the Crime No. RC0062016A0018 was registered at C.B.I./A.C.B. Lucknow, under Section 120B r/w Section 420, 468, 471 I.P.C. and Section 13/2 r/w Section 13 (1) (d) of Prevention of Corruption Act, 1988 against Dr. A.K. Shukla, the then C.M.O., Raebareli (applicant), Dr. P.K. Mishra, the then Superintendent and Incharge, District Hospital, Raebareli, Dr. S.K. Chak, the then Deputy C.M.O. Raebareli, Dr. P.K. Singh, then the SMO Stores, Raebareli and Mr. Ramesh Arora, Proprietor M/S. Kwality Pharmaceuticals Pvt. Ltd. Amritsar and Mr. Ajay Kumar, Proprietor M/s. Ocean Organic Pvt. Ltd. Amritsar and other unknown persons. In the FIR, it is alleged that the accused persons in conspiracy with other unknown persons have caused wrongful loss to the tune of Rs. 17,42,530/- to the Government Exchequer by alleged misappropriation of funds in the purchase of Copper-T, Follow Up Medicine Kits & Nasbandi Follow Up Medicine Kits, during the period of 2007-8, under the National Rural Health Mission. Learned counsel for the applicant further submitted that investigation was conducted and the charge-sheet was filed by the Investigating Officer and the learned Special Judge, C.B.I. Ghaziabad had taken cognizance and directed the applicant to appear for purposes of answering the charges.

4. Learned counsel for the applicant has further submitted that the alleged offence was in relation to the discharge of official duty of applicant, as no sanction for prosecution of applicant was taken by the Investigating Officer from the Appointing Authority before filing the charge-sheet. Learned counsel for the applicant further submitted that applicant took the charge of C.M.O. Raebareli, in the afternoon on 26.06.2007, on the next day i.e. 27.06.2007, the Office Superintendent put up a running file for his approval for opening of Technical and Financial Bid regarding the purchase of 'Copper-T Follow Up Medicine Kit & Nasbandi Follow Up Medicine Kit', as the tender was already floated by his predecessor, the then C.M.O. Raebareli, Dr. K.K. Kesari for the period of 2007-08 under the Head of Reproductive Child Health of National Rule Health Mission and Bids were already received as such, the applicant granted approval for opening of the Bids. On the next day, the applicant was transferred as C.M.O. Lucknow on 28.06.2007 and Dr. R.B. Singh took-over the charge as C.M.O. Raebareli in the noon on 28.06.2007 itself. Therefore, in the short duration of merely one and half day, the applicant was holding the charge of C.M.O., Raebareli. In such circumstance, the alleged allegations and involvements of applicant in the impugned prosecution is improbable and completely unfounded.

5. Learned counsel for the applicant has further submitted that it is admitted case of the prosecution that the applicant was not involve in calling, floating or publication of the tender nor had any role in allotting the tender to any party. Thus, the allegation that the applicant was part of the alleged conspiracy and committing the alleged offences is completely baseless.

6. Learned counsel for the applicant has further submitted that by virtue of amendment in the Prevention of Corruption Act, vide Act No. 16 of 2018, the provisions regarding procuring sanction for prosecution of a public servant stood amended and the aforesaid amendment was notified on 26.07.2018 which clearly provides that the Investigating Agency ought to obtain the sanction for prosecution in respect of every