Prevention of Corruption Act, 1988–Sec. 19–Code of Criminal Procedure, 1973–Sec. 169–Prayer for discharge on the ground that the prosecution sanction was refused to be granted–Rejection of application with the direction of further investigation in the matter–Plea of the petitioner that the power could not have been exercised suo moto, is wholly misplaced–Earlier, the prosecution sanction was refused and ACB moved the application for re-consideration of the issue–It was desirable and necessary to place the application before the Higher Authorities of Dairy Federation–B was the Chairman of Dairy and his role was found suspicious in light of the allegations made in the written complaint–Refusal of prosecution sanction by B for both times cannot be approved–Further, grounds of refusal as indicated in the minutes of Board may also not be countenanced–If the impugned order in quashed, there would be a failure of justice–This Court has the concurrence with the view of Learned Special Judge.
