LAWS(MPH)-2019-11-4

VINOD KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On November 01, 2019
VINOD KUMAR Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) These petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) take exception to the order dated 27.06.2019 and 28.08.2018 respectively whereby the applications preferred by the petitioners under Section 19 of the Prevention of Corruption Act, 1988 (PC Act) read with Section 197 of Cr.P.C. dated 01.09.2017 were rejected by the Court below.

(2.) The prosecution has filed a charge-sheet against the petitioners for allegedly committing offence under Section 13(1)(d) read with Section 13(2) of PC Act and Sections 120-B, 420, 467, 468 and 471 of IPC. The petitioners assailed the sanction order before this Court in Cr.R. No.593/2016 and M.Cr.C. No.5724/2016. By common order dated 12.01.2017 (Annexure-P/16) both the matters were dismissed. The petitioner - Vinod Kumar assailed the aforesaid order of this Court before the Apex Court. The order dated 21.08.2017 (Annexure-P/17) shows that the SLP was withdrawn with the liberty to raise the question of sanction before the trial Court.

(3.) Shri Ajay Mishra, learned senior counsel submits that in view of the liberty granted by Supreme Court by order dated 21.08.2017, the order of this Court dated 12.01.2017 (Annexure-P/16) has lost its significance moreso, when in the previous order dated 12.01.2017 (Annexure-P/16) many contentions of petitioners were not properly dealt with. The order impugned dated 27.06.2019 needs to be examined a afresh and for this purpose, the previous order of this Court dated 12.01.2017 will not be a hurdle.