ASHOK CHAVAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This application is made for recall of order of this Court passed on 19th of November, 2014 in Criminal Revision Application No. 136 of 2014. The prayer clause in the present application can be reproduced as under:

(2.) Before I proceed further it is necessary to state that the criminal revision application was filed by respondent No. 1-CBI challenging the order of the learned Spl. Judge in Spl. Case No. 42 of 2012, who refused to delete the name of the applicant (original accused No. 11) from the charge-sheet of Spl. Case No. 42 of 2012.

(3.) The applicant is one of the accused in the said spl. Case and is facing trial for the offence punishable u/s 13(2) r/w 13(1)(d) of Prevention of Corruption Act. There are other charges also against rest of the accused. The applicant could not be prosecuted for these charges for want of requisite sanction from Governor of Maharashtra u/s 197 of Cr. P. C. It also may be noted that sanction u/s 19 of Prevention of Corruption Act was not needed as the applicant was not a public servant on the date of filing of the charge-sheet.