VENKITACHALAM K R Vs. STATE

JUDGEMENT

(1.) Crl. RP No. 2457/10 is by accused Nos.4 and 8 and Crl. RP No. 3137/10 is by the 3rd accused in CC No. 1/08 on the file of the Special Judge for CBI cases, Lakshadweep.

(2.) Accused, nine in number, are proceeded with for offences punishable under S.120 B read with S.468 and S.417 of the Indian Penal Code and S.7, S.12, S.13(2) read with S.13(1)(d) of the Prevention of Corruption Act (for short "the Act"), on a report filed by the Inspector of Police, Central Bureau of Investigation, Kochi.

(3.) Petitioners in the aforesaid revisions (accused 3, 4 and 8) had filed petitions, separately, seeking their discharge raising various grounds contending that the prosecution against them is unsustainable. Accused 4 and 8, in these petitions, had raised challenges as to want of sanction under S.197 of the Code of Criminal Procedure (for short "the Code") and also S.19 of the Act, as interdicting the Court from taking cognizance of the offences imputed against them in the case. The learned Special Judge had dismissed all the aforesaid petitions, with another petition moved by the 2nd accused, by a common order. Propriety and correctness of that order is challenged in these revisions by three of the accused (3rd accused separately and accused 4 and 8 jointly).