NATWARLAL D RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE three petitioners herein are the persons who are ordered to be added as accused Nos. 3 to 5 by the learned Special Judge for Greater Mumbai exercising power under section 319 of the Code of Criminal Procedure.

(2.) THE learned Special Judge for Greater Mumbai at Mumbai in Special Case No. 41 of 1995, entertained the application filed by accused No. 1 and passed the order directing petitioners to be joined as accused Nos. 3, 4 and 5 in the criminal proceedings and further directed CBI to obtain the necessary sanction under section 19 of Prevention of Corruption Act, 1988 against them.

(3.) CBI filed the charge-sheet against 2 accused persons viz. Bhupendra N. Sonavaria and Sahebrao S. Jagtap. It was filed under provisions of section 7 read with section 13 (1) (d) read with section 13 (2) of Prevention of Corruption Act, 1988. On 17-10-1996 the learned Special Judge passed the order directing these petitioners to be joined as accused Nos. 3 to 5 along with another accused Radheshyam C. Naik as accused No. 6. It was observed that there was evidence against them, but the Investigating Officer has arbitrarily chosen not to implead them. Further orders was passed on 11-2-1997 and 27-3-1997 by the learned Special Judge directing the CBI to obtain the sanction as required from the competent authority.