M SUNDARESWARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr.Kadam the learned Advocate for the petitioner and Mr.Satpute the learned Counsel for Respondent No.2-CBI. Rule. By consent, rule is made returnable forthwith.

(2.) The petitioner is seeking quashing of the proceedings relating to C.B.I. Special Case No.46 of 1986 and 47 of 1986 in which he is facing prosecution. The said cases under Sections 420, 467, 471 read with Section 5(1) and 5(2) of the Prevention of Corruption Act, 1988 are pending trial before the learned Special Judge for C.B.I. for Greater Mumbai.

(3.) The petitioner had preferred applications for discharge in the above cases before the learned Special Judge. The said applications came to be rejected by order dated 2.5.2005. The applications were preferred only on the limited ground that no prior sanction was obtained for prosecution of the petitioner and hence on this count alone, the prosecution was illegal and proceedings relating to the same deserve to be quashed.