C.B.I. Vs. R.R. KISHORE

JUDGEMENT

(1.) A prosecution under the Prevention of Corruption Act, 1988 was sought to be questioned by the respondent accused on the basis of the provisions contained in Section 6A(1) of the Delhi Special Police Establishment Act, 1946 which was brought in by an amendment in the year 2003. Section 6A(1) of the Delhi Special Police Establishment Act, 1946 is in the following terms:

(2.) The Delhi High Court before whom the challenge was brought answered the question by holding that the respondent accused was entitled to the benefit of the said provision. Accordingly, the High Court took the view that the matter required fresh consideration for grant of previous approval under Section 6A(1) of the Delhi Special Police Establishment Act, 1946. Aggrieved, the C.B.I. is in appeal before us.

(3.) We have heard the learned counsels for the parties as also the respondent who appears in person.