DEVENDER GUPTA Vs. C.B.I.

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C. ") read with Article 227 of the Constitution of India has been filed seeking setting aside of order dtd. 7/8/2014 passed by learned Special Judge-CBI (PC Act) -06, Tis Hazari Courts, Delhi (hereinafter "learned Special Judge ") in CC No. 03/12.

(2.) The petitioner herein is a public servant who has been named as an accused in RC No. 47(A)/99/CBI/ACB/ND under Sec. 13(2) read with Sec. 13(1)(d) and 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter "PC Act "). Learned Special Judge vide order dtd. 11/4/2008 framed charges against the petitioner for the offence punishable under Sec. 13(2) read with Sec. 13(1)(d) and 13(1)(e) of the PC Act for disproportionate assets of Rs.9,48,19,816.00. Learned Special Judge also framed charges under Sec. 109 of the Indian Penal Code, 1860 (hereinafter "IPC") against the other persons named as accused.

(3.) During pendency of the trial, in the present case, this Court in Crl. M.C. No.2695 of 2010, titled as G.S. Matharoo vs. CBI vide judgment and order dtd. 25/1/2012, held that in cases of Group-A employees of the Municipal Corporation of Delhi (hereinafter "MCD"), it is the Corporation, that is the authority competent to grant sanction under Sec. 19 of the PC Act and the Commissioner, MCD is not the competent authority to grant sanction for prosecution of Group-A employees of the MCD. The said judgment was confirmed by the Hon 'ble Supreme Court vide order dtd. 26/8/2014 passed in SLP (Crl) No. 7931/2012.