P PANDIAN SUNDERRAJAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner herein is the accused in C.C. No. 28 of 2003, on the file of the XI Additional Judge for CBI Cases, Chennai and he is facing trial for offences under Sections 120-B r/w 420 IPC, 477-A IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act.

(2.) The petitioner filed a petition before the trial Court, seeking discharge on the ground that the sanction for prosecution against the accused was given by the incompetent authority and as such the sanction was invalid. The petition filed by the petitioner was dismissed by the trial Court and aggrieved by the said order, the petitioner herein had preferred this criminal revision petition.

(3.) The learned Counsel for the petitioner submitted that the petitioner was working as Chief Commercial Clerk in Southern Railway and the competent authority is only the General Manager, Southern Railway and the sanction is accorded only by the Senior Divisional Commercial Manager who is the competent authority. Without a valid sanction, the court cannot take cognizance of the complaint and valid point goes to the route of the case can be challenged by the petitioner at any point of time, but the trial Court has dismissed the petition stating that the trial was in progress.