DILIP KAUSHIK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner is the sole accused in criminal case (CC No.03/2015) pending on the file of Special Judge (Prevention of Corruption Act), it having arisen out of the report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted by respondent Central Bureau of Investigation (CBI) upon conclusion of investigation into the case RC No.10(A)/2010.

(2.) By order dated 208.2015, which is challenged by the petition at hand under Section 482 Cr.P.C., the trial court found charge made out and put the petitioner on trial for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (PC Act), his contention about the invalidity of the sanction for prosecution under Section 19 of PC Act having been rejected.

(3.) It may be mentioned here that the petitioner had earlier raised the issue of invalidity of sanction by an application seeking discharge on such count moved on 12.02014.The said application was made, inter alia, with reference to rulings of the Supreme Court reported as CBI vs. Ashok Kumar Aggarwal, (2014) 14 SCC 295 and Dinesh Kumar vs. Chairman, Airport Authority of India & Another., (2012) 1 SCC 532. The application was, however, dismissed by the Special Judge, by his order dated 204.2014, on the basis of opinion that the question of validity of sanction could not be examined at that stage, even charge not having been framed. The petitioner had challenged the said order dated 204.2014 by Crl.M.C.2858/2014, which is pending before another co-ordinate bench in the list of 'Regulars'.