RAKESH BEHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision is directed against the order dated 2.1.2017 handed down by the Special Judge, C.B.I. Bhopal whereby Court rejected the application seeking discharge of the applicant on the ground of invalid sanction from charge under Section 13(1)(e) r/w Section 13 (2) of the Prevention of Corruption Act, 1988.

(2.) For the purposes of the present revision suffice it to say that applicant is a public servant. During the check period January 2006 to December 2012, he acquired assets disproportionate to his known sources of Income. C.B.I. registered a criminal case against the applicant. After investigation was over, sanction to launch prosecution was accorded and the charge sheet was filed in the Court of Special Judge, C.B.I. Bhopal. The Trial Court framed charge which was denied by the applicant.

(3.) To prove the sanction order, prosecution examined Director (Establishment) Railway Board, Sunil Kumar as PW-1. According to his deposition, sanction for prosecution was accorded by the Railway Minister and thereafter duly authenticated order was issued by the Director/E(O), Railway Board. Taking cue from his evidence, petitioner filed an application for discharge, which, as stated earlier, stood rejected by the order impugned. This is under challenge in this petition.