SHARAD AKHOURI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard the Learned Counsel for the petitioner the Learned Counsel for the C.B.I. The petitioner has filed this application for quashing the Entire Criminal Proceeding including the order dated 10.07.2002 passed in R.C. Case No. 2A of. 1998-R by the Special Judge, CBI, Ranchi, whereby cognizance has been taken against the petitioner under Sections 409, 419, 420, 467, 468, 471, 477-A of the Indian Penal Code as well under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988.

(2.) The Learned Counsel for the petitioner has submitted that the Court below has taken cognizance vide order dated 10.7.2002 against the petitioner without applying his Judicial mind as in the aforesaid order taking cognizance, the Court below has mentioned:--

(3.) The Learned Counsel for the petitioner has further submitted that from the charge sheet it is quite clear that no sanction has been taken for the prosecution from the authority concerned according to the allegation made in the F.I.R. against the petitioner for the commission of the offence under Section 409/420/467/468 read with 471 of the I.P.C. and admittedly the petitioner was a public servant, no Court shall take cognizance of such offence except with a previous sanction from the appropriate authority. Therefore, the order taking cognizance is absolutely bad in law and the same is fit to be set aside, To support his contention, the counsel of the petitioner has referred two decisions of the Hon'ble Apex Court which are:-