D PASKALAY Vs. STATE S P E HYDERABAD

JUDGEMENT

(1.) In this revision the learned counsel for the petitioner contends that the proceedings on the file of the Special Judge, S. P. E. and A. C. B. Cases in C. C. No. 40 of 1975 are vitiated for want of sanction under Section 197 Cr. P. C.

(2.) The Petitioner who was the first accused in C.C.No.40 of 1975 filed Crl. M. P. No. 185 of 1975 questioning the maintainability of the prosecution instituted against him on the ground that the sanction for his prosecution given by the Government of India is invalid as he is a substantial holder of the post of selection grade Divisional Accountant in the Indian Audit and Accounts Department under the Controller Auditor-General of India who is the authority competent to remove the petitioner from office. The learned Sessions Judge having examined the provisions of the Act and also the contentions raised before him, came to the conclusion that the contention of the petitioner is untenable and so holding, he dismissed the petition. Aggrieved with the said order, the present revision case is filed.

(3.) Sri D. Satyanarayana, the learned standing counsel forS. P. E. and A. C. B. cases raised a preliminary objection that the revision case is not maintainable. According to him, Crl. M.P. filed by the petitioner is only an interlocutory petition and hence the order passed therein is only an interlocutory order and hence no revision can lie under Section 397 (2) Cr. P. C. and even under section 482 Cr. P. C.