CENTRAL BUREAU OF INVESTIGATION Vs. B K SAMAL

JUDGEMENT

(1.) Grinding halt suffered by Special Court Case No.2 of 2000 in view of the Order dated 11.4.2001 of the learned Judge, 5th Special Court, Calcutta for want of sanction and imposition of section 167(5)(ii) Cr. P.C. has persuaded the Central Bureau of Investigation (here-in-after referred to as' the CBI') to approach this Court for setting aside the same in this Revisional Application.

(2.) Crisp and contains submission was made by its learned special public prosecutor confining to the illegality of the order as the question of sanction was not a matter of any consequence and he relied on the decisions of the Supreme Court in-(A) State of M.P. v. Bhooraji and Ohers: 2001 SCC(Cri.) 1373 and (B) Satya Narayan Sharma v. State of Rajasthan: 2002 SCC (Cri.) 39; and that the question of infraction of section 167 Clause (5) sub-clause(ii) of the Code of Criminal Procedure (for short, ' the said Code') was also no longer res integra in view of the decision of Nirmal Kanti Roy. v. State of West Bengal: AIR 1988 SC 2322. The learned Special Public Prosecutor for the CBI has prayed for setting aside the order and for re-rolling the procedure allowing it to reach its logical conclusion.

(3.) This was opposed by the learned senior advocate for the accused.