STATE Vs. B L VERMA

JUDGEMENT

(1.) The respondent, Shri B. L. Verma was at the relevant time, serving as Director (Enforcement) with the government of India. A case was registered against Mr. Chandraswamy and others for commission of offences punishable under Section 120-B read with S. 195, 469, 471 and section 500 Indian Penal Code. The charge-sheet in the case, known as St. Kitts case, was filed by the CBI before the Chief Metropolitan Magistrate, Delhi on 26/9/1996. The court took cognizance of the offence against the respondent and others and issued non-bailable warrants. Subsequently, it appears that the court partly modified the order of taking cognizance and deleted Section 500 Indian Penal Code insofar as the respondent is concerned and issued fresh non-bailable warrants on 5/10/1996.

(2.) The respondent had approached this court, on refusal of grant of anticipatory bail and on 13/10/1996, this court, while passing orders in special leave petitions [slps (Cri. ) Nos. 3278 and 3276 of 1996] filed by the respondent, directed that till the question of sanction was decided by the High court, where a criminal writ petition challenging the taking of cognizance had been filed by the respondent, the proceedings in the trial court should remain stayed.

(3.) After notice to the petitioner and others, a learned Single Judge of the High court decided Writ Petition No. 683 of 1996 by its order dated 4/12/1996 holding that sanction under Section 197 (1 Criminal Procedure Code was a sine qua non for taking cognizance of the offence against the respondent, and since no sanction had been obtained the trial court could not have taken cognizance of the offence against him and directed the dropping of the proceedings pending against the respondent. The CBI is aggrieved with this order. Hence this SLP.