SATYENDAR KUMAR JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") read with Article 227 of the Constitution of India, against the order dated 20 th November, 2020 passed by the learned Special Judge (PC Act) (CBI)-24 (MP/MLA Cases), Rouse Avenue District Courts, New Delhi.

(2.) Mr. N. Hariharan, learned senior counsel for the petitioner, submitted that it was obligatory for the prosecution and the investigating agency to bring before the court all the material they had collected during investigations and the same had to be also furnished to the accused persons, be the material in favour of the prosecution or the defence. The second submission made was that unless and until all material collected by CBI was not placed before the Sanctioning Authority, the sanction for prosecution was itself invalid.

(3.) In the present case, the contention is that in the course of investigations, the CBI had searched the locker bearing No.152, which had belonged to the respondent No.4/Vaibhav Jain, maintained at the HDFC Bank, Chandani Chowk, Delhi. A Locker Operation Memo dtd. 13/4/2018 was also prepared and it was found that there were various original sale-deeds of land purchased by the three companies held by the petitioner, namely, (i) M/s. Akinchan Developers Pvt. Ltd., (ii) M/s. Paryas Infosolutions Pvt. Ltd. and (iii) M/s. Manglayatan Projects Pvt. Ltd. The copy of the Memorandum of Understanding dtd. 28/3/2010, between the petitioner and the respondents No.3 and 5, was also found. The third document was a list of cash transactions that took place between 24 th September, 2010 and 1/3/2016. According to learned senior counsel for the petitioner, several other relevant documents, including currency notes, were also found in the said locker.