R P S PANWAR Vs. C B I

JUDGEMENT

(1.) BY this common judgment, both the revision petitions bearing Nos.88/2008 and 89/2008 have been disposed of as the order under challenge is common order and both the petitioners were sent for trial in one charge -sheet.

(2.) AGGRIEVED by the order dated 10.01.2008, passed by learned Special Judge (CBI) whereby the applications filed by the petitioners were dismissed, the present revision petition has been filed by the petitioners. The petitioner R.P.S. Panwar had filed the application seeking discharge for want of sanction, whereas the petitioner Laxmi Devi Panwar had filed the application for discharge as no previous sanction was obtained and cognizance was barred under Section 19 of the Prevention of Corruption Act as well as under Section 197 of the Code of Criminal Procedure.

(3.) FACTUAL matrix, as emerges from the record, is that the CBI filed a charge -sheet against the petitioners and other accused persons for the commission of offence under Section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act and Section 109 IPC. It was alleged that the petitioner R.P.S. Panwar was a retired General Manager from BSNL, petitioner Laxmi Devi Panwar was his wife, accused Mukesh Kumar Panwar and Dinesh Kumar Panwar were his sons and fifth accused Gyan Prakash Agarwal @ G.P. Agarwal was the Chartered Accountant. It was alleged that during the check period w.e.f. 01.04.1999 to 16.09.2003, the petitioner R.P.S. Panwar acquired movable/immovable properties in his name and in the name of his family members which were disproportionate to his known sources of income. An FIR of the case was registered. On completion of investigation, charge -sheet was filed.