ATUL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. against the order dated 22.2.2012 whereby the application filed by the petitioner under Section 91 Cr.P.C. has been dismissed. The short facts of the case are that on source information, CBI has lodged an FIR No. RC JAI 2004 A 0026 at P.S. SPE, CBI, Jaipur on 29.11.2004. After detailed and prolonged investigation, charge-sheet has been filed against the present petitioner and prosecution sanction was accorded against the present petitioner on 25.10.2005 by the sanctioning authority, namely, Shri Devi Singh, Assistant Engineer, National Insurance Co.

(2.) The contention of the present petitioner is that the sanction has been given after deliberations at the instance of the CBI. So much so, a draft sanction was sent to the sanctioning authority with appropriate guidelines by the CBI and sanction has been accorded in mechanical manner without proper application of mind under the influence of the CBI.

(3.) The next contention of the present petitioner is that in view of the aforesaid circumstances, whatever communications transpired between the sanctioning authority, CBI and the Vigilance Cell of the company is highly significant for fair trial and to see whether proper application of mind was there while according prosecution sanction. The present petitioner moved application to call for the communications transpired between the sanctioning authority and the CBI, which was rejected on the ground that the communications are privileged under Sections 123 and 124 of the Evidence Act.