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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of CriSection 19 of aforesaid minal Procedure, 1973, (for short Cr.P.C) the petitioner has sought quashing of the order dated 29.05.2010 passed by learned Special/Sessions Judge in Special Sessions Trial No. 93 of 2009 State v. Hari Krishna Thapliyal, relating to offences Punishable u/s 7/13 Prevention of Corruption Act, 1988.
Clause (b) of Sub Section (3) of Section 19 of Prevention of Corruption Act, 1988 reads as under:
no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice''.
Clause (c) of Sub Section (3) of Section 19 of aforesaid Act further provides as under:
no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revisions in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.
Learned Sessions Judge vide impugned order dated 29.05.2010, has observed that there is no illegality in the sanction was granted against the petitioners as the sanction was granted by Additional Director, Education, who was higher in authority to the District Education Officer, on recommendation of the Authorized Controller. The sanction has not been granted by any authority, who is lower in rank to the appointing authority.
Having considered submissions of learned Counsel for the petitioner and after going the aforesaid provision of law, this Court is not inclined to interfere with the order passed by the trial court. Accordingly, the petition u/s 482 of Cr.P.C is dismissed summarily.