ASHOK KUMAR AGGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has filed this revision petition under Section 397,401 and 482 CrPC for setting aside of the impugned order dated 28th July, 2007, passed by Shri G.P.Mittal, Special Judge, CBI, Delhi. Along with this petition, an application under Section 482 CrPC has been filed, seeking stay of the proceedings in the trial court.

(2.) Notice of this petition was issued to the CBI and in the first instance, as requested by learned counsel for the parties, arguments on application for stay of the proceedings before the trial court have been heard. So, it is not necessary for this Court, at this stage, to express any opinion on the merits of the respective contentions.

(3.) The petitioner, who is a public servant, along with other co-accused, have been sent up for trial for offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short as Act) read with Section 120-B IPC, read with Section 109, 419, 420, 467, 468 and 471 IPC. CBI obtained sanction dated 26th November, 2002, before filing the present charge sheet against the petitioner, under Section 19 of the Act, which is a condition precedent for taking cognizance for offence under Section 13 of the Act.