STATE Vs. D J PRABHAKAR ANAND

JUDGEMENT

(1.) This revision case is filed by the CBI against the order of the learned Special Judge for CBI Cases Hyderabad in C.C. No.31 of 2004 (R.C. No.7(A)/03), where under the learned Judge refused to take cognizance of the case against A-2 and has taken cognizance of the case against A-1 for the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short "the Act").

(2.) The contention of the learned Counsel for the petitioner is that the first respondent (A-1) is an Income Tax Officer and the second respondent (A-2) is his wife; that A-1 is found in possession of disproportionate assests to his known source of income and A-2 has abetted the same by allowing the illegally acquired property to be kept on her name and on the name of their children.

(3.) The impugned order reads as follows : "Perused the charge-sheet, Office Note and material available on record. I.O. failed to place any prima facie evidence against A-2 for alleged abetment. Hence cognizance is taken against A-1 only under Section 13(1)(d) read with Section 13(2) of P.C. Act. Issue summons to accused by 25-10-2004."