- (1.) Leave granted.
(2.) This appeal is filed by the State through CBI, ACB, Hyderabad questioning the validity of the order dated 29.04.2013 passed by the High Court in Criminal Revision Petition which was filed by the respondent herein under Sections 397 and 401 of the Code of Criminal Procedure,1973 (herein referred to as "the Code"). The said revision petition was filed by the respondent challenging the order dated 21.01.2013 passed by the Court of Principal Sessions Judge for CBI cases, Hyderabad by which cognizance of the offence under Section 13 of the Prevention of Corruption Act (hereinafter referred to as "the PC Act") was taken against the respondent (A-5 in the Trial Court).
(3.) Without stating the prosecution case in detail, suffice it to mention that the appellant/CBI has filed charge sheet in the Special Court against 14 accused persons including the respondent herein (A-5) under Section 13(2) read with Section 13(1)(C)(D)of the PC Act. They were also charged for various offences under Sections, 420,409,467,468,471 and 120B etc. of the Indian Penal Code. Accused Nos. 4 and 5 were the Ministers. After the filing of the charge sheet, the Special Court passed an order dated 13.09.2012 whereby all these accused persons, under the various provisions of the Indian Penal Code, were summoned. Insofar as A-4 to A-8, including the respondent herein, are concerned, the Trial Court directed the Investigation Officer to file sanction orders contemplated under Section 19 of the PC Act without which no cognizance can be taken for the said offences against these accused persons. The appellant, thereafter, filed an application before the Special Judge pointing out that no such sanction was required and insofar as A-4 and A-5 are concerned, cognizance against them in respect of offences under Section 13 of the PC Act should also be taken. On this application the Trial Court passed the order summoning these accused persons including the respondent herein taking cognizance of the offences under the PC Act as well. This order was challenged by the respondent by filing the aforesaid criminal revision petition under Sections 397 and 401 of the Code raising issues two folds: "(1) Having refused to take cognizance of the offence under the PC Act against the respondent, in the first instance, the Special Judge should not have taken cognizance thereafter on the application filed by the CBI as it amounted to review and the Special Judge did not have any power; (2) In any case, no cognizance to be taken for want of sanction which was mandatorily required under Section 19 of the PC Act.";