R. VENKATESAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who is arrayed as Accused No.1 in C.C.No.7 of 2007 pending on the file of the Court of XI Additional City Civil and Sessions Judge for CBI Cases, Chennai, has filed the instant petition praying for quashment of the entire proceedings launched against him in the aforesaid Calendar Case.

(2.) The facts leading to the filing of this Original Petition are as follows:

(3.) The learned counsel for the petitioner submitted that Ex.C1 marked by the Trial Court would clearly explicit the fact that previously when the sanction was requested to prosecute one K.R. Ramachandran, now AGM, and the present petitioner along with two other officials, the same was not accorded. The Sanctioning Authority has stated that lapses appear to be more procedural in nature and the same does not warrant any prosecution. The learned counsel for the petitioner further submitted that suppressing the above previous order, the instant sanction was obtained as against this petitioner from the Competent Authority at Calcutta. It is submitted that the competent authority was examined before the Trial Court and his evidence would clearly indicate that the entire materials have not been placed before according sanction to prosecute the petitioner. Similarly, the Sanctioning Authority has received draft Sanction Order alone as has been forwarded by the Vigilance Department. All these facts would clearly prove the fact that the Sanctioning Authority did not apply its mind and mechanically passed an order granting sanction to prosecute the petitioner. Therefore, it is the contention of the learned counsel appearing for the petitioner that prosecution launched against the petitioner is not maintainable. Hence, the learned counsel appearing for the petitioner prayed for quashing the entire proceedings against the petitioner in the aforesaid Calender Case.