YOGINDER SINGH VERMA Vs. CBI

JUDGEMENT

(1.) The Petitioner before this Court appears to be of the nature of litigants that find mention in Santosh De & Anr. vs. Archana Guhar & Ors., 1994 2 SCC 420. The observation made by the Apex Court in para 15 of the report describes such litigants and approach of the High Court towards such litigation. Para 15 of the report reads as under :

(2.) The Petitioner was facing trial before learned Special Judge (CBI) for committing the offences punishable under Sections 7, 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988 and Section 120-B IPC. During the stage of hearing on charge, he allegedly questioned the validity of the sanction. But when the charge was ordered to be framed against him, he approached this Court by filing Crl.M.C. No.1853/2011 challenging the order dated 30.03.2010 directing framing of charge against him for committing the offences punishable under Sections 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and under Section 120-B IPC on the ground that sanction was not accorded by the authority competent to remove the Petitioner from office as required under Section 19(1)(c) of Prevention of Corruption Act. CBI submitted before this Court that validity of the sanction has to be challenged before the Trial Court at the appropriate stage. The Petitioner withdrew Crl.M.C. No.1853/2011 with liberty to raise all available grounds before learned Special Judge challenging the validity of the sanction accorded for prosecution of the Petitioner.

(3.) After withdrawal of Crl.M.C. No.1853/2011, the Petitioner filed an application before learned Special Judge when case was already at the stage of prosecution evidence. The application was disposed of by learned Special Judge vide order dated 27.09.2012 concluding as under :