DHARMENDRA KUMAR MOHANJI MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner-original accused has preferred this application with the prayers - (A) to quash the proceedings and in particular the charge-sheet which is submitted in the case against the accused on the basis of the order of sanction alleged to have been passed by the Central Government, (B) to set aside the judgment and order dated 14-6-2007 passed by Shri P. B. Desai, learned Special Judge, Court IV for C. B. I. Cases, Ahmedabad, (C) quash the order passed by Shri S. H. Vora, learned Special Judge, C. B. I. Court-Vehicle, ahmedabad dismissing Exh. 4 the application of the accused for discharging him on the ground of want of valid sanction to prosecute him under Sec. 19 of the Act, and (D) order that pending the admission and/or hearing and disposal of this petition further proceedings in Special Case No. 17 of 2003 (C. B. I. Case) dated 13-2-2009 before the learned Judge hearing the C. B. I. Cases in ahmedabad are stayed.

(2.) THE gist of the facts of the case as emerging from the record is as follows :

(3.) BEING aggrieved by the said order dated 15-9-2005, the C. B. I. moved revision before this Honourble High Court which came to be rejected. Subsequently, the C. B. I. presented Shri Vijaykumar Sharma before this Court who was at that time functioning as an Under Secretary in the Ministry of finance at New Delhi, and who in the year 2003, was functioning as an Under secretary (Vigilance and Litigation) in the Central Board of Direct Taxes at new Delhi. The said witness was examined at length and his testimony is on the record of these proceedings at Exh. 28. This witness was extensively cross-examined and it is upon conclusion of the evidence of this witness that the Advocate for the applicant accused has moved an application Exh. 35 stating that as this witness was not able to throw any light on the aspect of application of mind by the competent authority, the then Finance Minister of the Union of India is required to be examined as a witness. Shri P. B. Desai, the learned Special Judge, Court No. 4 (Special) for C. B. I. Cases at Navrangpura, Ahmedabad after considering the rival submissions and appreciating the background and facts and circumstances of the case, rejected the same vide order dated 14-6-2007, giving rise to the present Revision Application.