M.S. WALIA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the Sanction Order dated 9.12.1999 (Annexure P-12) and the order dated 2.11.2010 (Annexure P-15) passed by the learned Special Judge, CBI Court, Chandigarh whereby application dated 12.7.2010 (Annexure P-14) moved by the Petitioner for deciding the validity of sanction for prosecution was dismissed.

(2.) An FIR No. 10 dated 3.2.1998 under Sections 13(1)(e) PC Act was registered against the present Petitioner, who was Civil Judge, (Sr. Divn.) Bathinda, at that time, at the instance of Registrar (General) Punjab and Haryana High Court, Chandigarh on account of being in possession of disproportionate assets to his income, which he could not satisfactorily account for. Thereafter, the matter was transferred to the CBI for investigation. The CBI submitted its report under Section 173 Code of Criminal Procedure in CBI Court, Chandigarh. An exhaustive and detail order granting sanction was issued by the Governor on 9.12.1999. The operative part of the same reads as under:

(3.) The Petitioner challenged the said order as late as on 12.7.2010 before the Special Judge, CBI Court, Chandigarh. However, the said application was dismissed vide a detailed order dated 2.11.2010.