CENTRAL BUREAU OF INVESTIGATION Vs. I D DUBEY

JUDGEMENT

(1.) HEARD Mr. Satpute, Advocate for the C. B. I. Heard Mr. Bhargawan, Advocate for the respondent No. 1 (Accused No. 1) and A. P. P. for the State.

(2.) ORDER passed by IIIrd Court, Esplanade, Mumbai on 30-8-1995 dropping the proceedings against accused No. 1 and discharging him from the prosecution is challenged by the C. B. I.-petitioner.

(3.) THE question involved in this case is whether A. C. M. M. was justified in dropping the proceedings and discharging the accused on the ground that prosecution of the accused under the provisions of I. P. C. was not maintainable when the petitioner failed to obtain sanction to prosecute the accused under the Prevention of Corruption Act, 1947.