B. KRIPANANDAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.R.K.Chowdary, learned Senior Counsel appearing for Mr. P.V.Mahesh, learned counsel for the petitioner and Mr. K.Surender, learned Special Public Prosecutor for Central Bureau of Investigation (CBI) (as his Lordship then was) for the respondents.

(2.) By filing this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), petitioner seeks quashing of the proceedings in C.C.No.25 of 2013 pending on the file of Principal Special Judge for CBI Cases, Nampally, Hyderabad (briefly, 'the CBI Court' hereinafter) qua the petitioner who has been named as accused No.7 by CBI in the charge sheet.

(3.) The above prayer has been made on the ground that no sanction for prosecution of the petitioner has been obtained by the CBI both under Sec. 197 Cr.P.C as well as under Sec. 19 of the Prevention of Corruption Act, 1988 (briefly, 'the PC Act' hereinafter). Additional ground of challenge is that from the charge sheet so filed, no criminal culpability of the petitioner can be culled out. He had discharged his duties while in office as part of his official duty and in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules made thereunder i.e., Mineral Concession Rules, 1960.