J V REDDY Vs. STATE

JUDGEMENT

(1.) The petitioners who are accused 1, 2, 6, 7, 8, 10 and 14 seek for quashing of the proceedings in CC No. 12 of 1999 on the file of the Special Judge for CBI Cases, Visakhapatnam and also the proceedings in Rc. No. 20(A)/95, dated 5-12-1995 by invoking the inherent powers of this Court under S. 482, Cr. P.C.

(2.) A brief resume of background of facts is necessary for appreciation of the case. The Inspector of Police SPE and CBI, Vishakha-patnam, chargesheeted the petitioners and some others in respect of four purchase orders which led to loss to the tune of Rs. 3,44,800/-. They are charge-sheeted for the offences under Sections 120(B), 420, 477(A) of, IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act. The same was numbered as CC No. 12 of 1999 on the file of Special Judge for CBI Cases. Vishakha-patnam. During the pendency of the petition, they filed Crl. M.Ps. 124 and 125 of 2000 in C.C. 12 of 1999 seeking for discharge and also for summoning the documents from the prosecuting agency for not obtaining the sanction within the period of three months from the concerned authority. The learned Special Judge for CBI Cases dismissed the Criminal Miscellaneous Petitions. Aggrieved by the same, they carried the matter in revision to this Court in Crl R.C. No. 512 of 2000. It was disposed of by my learned brother, Justice T.Ch. Surya Rao, by order dated 6-6-2000, the relevant portion of which is extracted below :

(3.) The learned counsel for the petitioners, Mr. M. V. Raja Ram, assails the proceedings on the ground that sanction was not obtained within three months as contemplated under the principles laid down by the Supreme Court in Vineet Narain v. Union of India, AIR 1998 SC 889. The petitioners have sought for quashing of the proceedings on the ground of invalidity of obtaining sanction.