Point of Law :
it is crystal clear that for filing of a private complaint to take cognizance before the special court by the competent authority, obtaining and filing of the orders granting sanction by the competent authority to prosecute the public servant is mandatory and more particularly for the special court to take cognizance which is lacking in the case on hand and for want of sanction the cognizance orders respectively of the learned Special Judge are no way sustainable and are liable to be set aside

1(a). The petitioner in Crl.P.No.3988 of 2016 by name Mr. BP Acharya, IAS Officer is A.18 in SC.No.92 of 2016 on the file of learned Metropolitan Sessions Judge, Hyderabad, now pending with Principal Judge for CBI Cases-cum-Special Court under PML Act, 2002 at Nampally, Hyderabad, which is in ECIR.No.9/HYZO/2011 of Directorate of Enforcement, taken cognizance for the offences allegedly committed under Sections 3, 4, 8(5) of the Prevention of Money Laundering Act (for short ‘PML Act’) in the prosecution maintained by the complainant Director of Enforcement through its Assistant Director, Ministry of Finance, Department of Revenue, Hyderabad. The prayer in the petition is to quash the proceedings in SC.No.92 of 2016 against him.

1(b). The petitioner in Crl.P.No.11942 of 2018 by name Mr. BP Acharya, IAS Officer is A.13 in SC.No.2 of 2018 on the file of learned Principal Judge for CBI Cases-cum-Special Court under PML Act, 2002 at Nampally, Hyderabad, which is in ECIR.No.9/HYZO/2011 of Directorate of Enforcement, taken cognizance for the offences allegedly committed under Sections 4 r/w 3 of PML Act in the prosecution maintained by the complainant Director of Enforcement through its Assistant Director, Ministry of Finance, Department of Revenue, Hyderabad. The prayer in the petition is to quash the proceedings in SC.No.2 of 2018 against him.

1(c). The petitioner in W.P.No.2253 of 2018 by name Mr. Adityanath Das, IAS Officer is A.10 in SC.No.2 of 2017 on the file of learned Principal Special Judge for trial of CBI Cases-cum-Special Court under PML Act, 2002 at Nampally, Hyderabad, which is in ECIR.No.9/HYZO/2011 of Directorate of Enforcement, taken cognizance for the offences allegedly committed under Sections 4 r/w 3 of PML Act in the prosecution maintained by the complainant Director of Enforcement through its Assistant Director, Ministry of Finance, Department of Revenue, Hyderabad. The prayer in the petition is to quash the proceedings in SC.No.2 of 2017 against him.

2. SC.No.92 of 2016 is outcome of the private complaint of the Assistant Director, Directorate of Enforcement, Hyderabad referred supra under Section 200 Cr.P.C. r/w 45 of the PML Act with array of 19 accused by names Sri YS Jagan Mohan Reddy-A1, Sri V. Vijay Sai Reddy-A2, M/s. Jagati Publication Limited-A3, M/s. Janani Infrastructure Private Limited-A4, Sri M. Srinivasa Reddy-A5, M/s. Hetero Drugs Limited-A6, Ms/. Hetero Labs Limited-A7, M/s. Hetero Health Care Limited-A8, Sri K. Nityananda Reddy-A9, M/s. Aurobindo Pharma Limited-A10, M/s. APL Health Care Limited-A11, Sri P. Sarath Chandra Reddy-A12, M/s. Trident Life Sciences Limited-A13, Sri P.V. Ram Prasad Reddy-A14, Sri K. Prasad Reddy-A15, Smt. K. Rajeswari-A16, Sri P.S. Chandramouli-A17, Sri B.P. Acharya-A18, petitioner and Sri Y.V. Lakshmi Prasad-A19. The alleged offences committed are under Section 3 punishable under Section 4 of the PML Act. So far as the petitioner-BP Acharya concerned, the private complaint taken cognizance supra against the 19 accused, private complaint at Para 9.7 speaks that:

“9.7. Shri B.P Acharya, in his statements dated 25.06.2012 and 21.07.2015 under Section 50 (2) & (3) of PMLA, 2002, inter alia stated that he worked as Managing Director of APIIC Limited, Hyderabad, which is a Public Sector undertaking of Government of Andhra Pradesh, during the period from 19.05.2005 to 24.12.2009 and his responsibilities includes the matters pertaining to Development of Industrial Infrastructure, Allotment of Lands to Industries, Promotion of Industrial Development in the State and other related matters; that he used to consult Executive Directors and other staff of APIIC Limited while discharging his duties as MD of APIIC Limited; that APIIC Limited is company formed by the Government of Andhra Pradesh to promote industrial development, promote and develop infrastructure for