YESHWANT KAWATHEKAR Vs. ECONOMIC OFFENCE WING

JUDGEMENT

(1.) This order shall also dispose of Cri. Revision No. 14/95 (Dr. Yeshwant KWathekar v. Economic Offences Wing) Cri. Revision No. 15/95 (Dr. Yeshwant Kawathekar v. Economic: Offence Wing) and Cri Revision No. 142/95 (Dr. Yeshwant Kawathekar v. Economic Offences Wing) as common questions of law and facts arc involved for consideration in all these cases.

(2.) The petitioner has challenged in this application order dated 22.12.1994 passed by the First A.S.J. Indore in Special Case No. 36/93 whereby the objection raised by the petitioner that the trial cannot proceed without sanction of the Government has been rejected.

(3.) Short facts giving rise to the applications are that the petitioner during the relevant time was convener of Veterinary Product Institution (Jewik Utpadan Sansthan, Mhow). It is alleged that he with connivance of other accused persons defaulcated large sum of money. In view of the points raised in the application it is not necessary to give details about it. The Investigating Agency submitted charge-sheet against the petitioner. While submitting the charge-sheet u/ss. 409, 120-B I.P.C., 5 (1) (c) (d) (ii) (iii) and 13 (2) of the Prevention of Corruption Act, 1986, it has been stated that as the petitioner has superannuated from service, it is not necessary to obtain sanction of prosecution of the petitioner from the State Government.