STATE CBI Vs. LACHMANDAS GUPTA

JUDGEMENT

(1.) Central Bureau of Investigation (thereinafter called the appellant) registered corruption cases against the present four respondents under Section 120-B Indian Penal Code . and 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act. 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 thappellant submitted a report under Section 173 Cr. P.C. before the Special Judge, Delhi for closure of the case.

(2.) 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 the report under Section 173 Cr. P.C. was premature and therefore not acceptable.

(3.) It is against the impugned order dated August 16, 1991 that the present criminal revision has been preferred by the appellant inter alia on the ground that for filing a report under Section 173 Cr. P.c. for closure of the case, no sanction of the sanctioning authority is required.