STATE CBI Vs. N JAYARAMAN

JUDGEMENT

(1.) This order will dispose of Crl. Rs. 102/92 aswell as 117/92. These revisions have arisen from a common order passedby Shri V.S.Aggarwal, Additional Sessions Judge, dated 21/02/1992.Since the common point is involved, therefore, both are disposed of by oneorder.

(2.) Central Bureau of Investigation (hereinafter called the appellant)registered corruption cases against the present respondents under Section120-B.I.P.C.and 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 lor allegedly accepting bribe. During the investigation theappellant could not collect sufficient evidence to establish criminal conspiracyand abuse of official position by the respondents. In view of lack of evidencethe appellant submitted a report under Section 173 Cr.P.C, before the SpecialJudge, Delhi for closure of the case.

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