CENTRAL BUREAU OF INVESTIGATION Vs. SURESH KUMAR GARG

JUDGEMENT

(1.) On the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted by the petitioner Central Bureau of Investigation upon conclusion of its investigation into first information report (FIR) - RC no. BD.1/2015/E/0009, CBI, BS & FC, New Delhi seeking prosecution of the respondents herein (accused persons), the Special Judge by his order passed on 02.02.2016, while taking cognizance for offences under Sections 13 (2) read with Section 13 (1) (c) & (d) of Prevention of Corruption Act, 1988 declined to take cognizance for other offences - under Sections 120 B read with Sections 420 and 409 of Indian Penal Code, 1860 (IPC) "for want of mandatory sanction under Section 197 Cr.P.C."

(2.) The CBI feeling aggrieved, came up to this Court by the petition at hand invoking the inherent power under Section 482 Cr.P.C. read with supervisory jurisdiction under Articles 226 and 227 of Constitution of India seeking intervention. The petition has been resisted by both the respondents. The matter has remained pending for more than three years.

(3.) On 07.08.2018, the following submissions were recorded:-