2018 (2) TMI 1995 - HC - Indian Laws

Dropping the proceedings against the petitioner till receipt of prosecution sanction under Section 197 of the Code of Criminal Procedure (Cr.P.C.) - HELD THAT - The proceedings initiated against the petitioner are dropped till sanction is received either under Section 197 Cr.P.C. or Section 19 of the Prevention of Corruption Act 1988 in accordance with law - On receipt of such sanction the trial would re-commence against the petitioner. Proceedings disposed off.

Summary

Issues:
1. Application to place on record the application filed by CBI and the order passed by the Special Judge.
2. Requirement of prosecution sanction under Section 197 of Cr.P.C. and Section 19 of Prevention of Corruption Act, 1988.
3. Dropping of proceedings against the petitioner till receipt of sanction.
4. Resumption of trial upon receipt of sanction.
5. Disposal of present proceedings.

Analysis:
1. The petitioner sought to place on record the application filed by the Central Bureau of Investigation (CBI) before the Special Court, Lucknow, and the order dated 21.09.2015 passed by the Special Judge, CBI, which dropped the proceedings against the petitioner until the receipt of prosecution sanction under Section 197 of the Code of Criminal Procedure (Cr.P.C.). The CBI filed a status report stating the need for sanction due to the allegations and evidence emerged during the investigation.

2. The requirement of obtaining sanction from the competent authority under Section 197 of Cr.P.C. and/or under Section 19 of the Prevention of Corruption Act, 1988 was highlighted. The CBI emphasized the necessity of following the legal procedures in obtaining the sanction before reviving the proceedings against the petitioner.

3. The proceedings against the petitioner were dropped until the receipt of the required sanction under Section 197 Cr.P.C. or Section 19 of the Prevention of Corruption Act, 1988. This decision was made in accordance with the law and legal provisions governing the prosecution of the case.

4. Upon the receipt of the sanction, the trial against the petitioner would resume. The court made it clear that the trial would recommence once the necessary sanction was obtained, indicating that the legal process would continue once the procedural requirements were fulfilled.

5. The present proceedings were disposed of based on the circumstances and the legal requirements outlined in the judgment. The court's decision to drop the proceedings until the receipt of sanction and to resume the trial upon sanction being obtained was a significant aspect of the judgment, ensuring that the legal process was followed diligently and in compliance with the relevant laws and regulations.