A K VERMA Vs. STATE

JUDGEMENT

(1.) THIS petition is filed under S. 482, Cr. P. C. for quashing the order passed by the 21st Addl. City Civil and Sessions Judge and Spl. Judge for CBI case, Bangalore, holding that the charge-sheet filed by the CBI without sanction to prosecute the accused is proper and legal and that there are sufficient materials to frame charge against the accused persons.

(2.) THE learned counsel for the petitioner vehemently argued that the petitioner is a former bank manager of State Bank of Bikaner and Jaipur which is a nationalised Bank and it is a Govt. undertaking and no prosecution would lie against him as contemplated under S. 197 (1), Cr. P. C. This contention was raised by the learned counsel before the Court below and the Court below has considered it in detail and has held that no sanction is necessary. It is also held by their Lordships of the Supreme Court in a decision reported in (1998) 3 JT (SC) 507 : (1998 Cri LJ 2826) Mohd. Hadi Raja v. State of Bihar :

(3.) FOR the foregoing reasons, I hold that this petition has no merit and accordingly, it is dismissed. However, liberty is reserved to the petitioner to raise this contention if he is so advised at the stage of trial. Petition dismissed.