ELECTRICAL MFG COMPANY LIMITED Vs. D D BHARGAVA

JUDGEMENT

(1.) This Criminal revisiopetition is directed against the Orders dated 12th January, 1973 and 23rd March, 1974 passed by the then Additional Chief Judicial Magistrate and the Additional Sessions Judge, Delhi, respectively, dismissing the application of the petitioner and holding that the sanction accorded was valid.

(2.) The controversy is concerning the consent to initiate the proceedings, granted by the Chief Commissioner of Delhi under Section 196A of the Code of Criminal Procedure, 1898. The point urged is, that it was issued without application of mind and as such is invalid.

(3.) The brief facts are that a complaint was filed in 1962 by Mr. D.D. Bhargava, Deputy Chief Controller of Imports and Exports against the petitioner and four others. The offences alleged were under Section 120-B read with Section 420 of the Indian Penal Code and Section 5 of the Imports and Exports (Control) Act, 1947; as also under Section 420 of the Indian Penal Code and Section 5 of the Imports and Exports (Control) Act, 1947.