STATE CBI Vs. R S MATHUR

JUDGEMENT

(1.) This order will dispose of Crl. Rs. 3/92, 4/92 and 5/92. These revisions have arisen from a common order passed by Shri V.S. Aggarwal, Addl. Sessions Judge, dated 16th August, 1991. Since the common point is involved, therefore, they are disposed of by one order.

(2.) Central Bureau of Investigation (hereinafter called the appellant) registered corruption cases against the present respondents under Section 120-B Indian Penal Code . and 5(2) read with Section 5.(1)(e) of the Prevention of Corporation Act, 1947 for allegedly accepting bribe. During the investigation the appellant could not collect sufficient evidence to establish criminal conspiracy and abuse of official position by the respondents. In view of lack of evidence the appellant submitted a report under Section 173 Cr. P.C. before the Special Judge, Delhi for closure of the case.

(3.) The Special Judge, Delhi by the impugned order rejected the request of the appellant and directed that at the first instance the prosecution should approach the concerned sanctioning authority before coming to the Court and further held that (he report under Section 173 Cr. P.C. was premature and therefore not acceptable.