N.G.Nandi,J. - (1.) This is a petition under Section 482 of the Criminal Procedure Code for quashing the proceedings pending before Special Judge, Delhi in CC No. 49(A)/88/DLI dated 28.9.88 mainly on the ground that the prosecution has not obtained thesanctionto prosecute thispetitioner/accused and thattheproceedings under Section 120B, Indian Penal Code and Sections 7/13(l)(d) read with Section 13(2) of the Prevention of Corruption Act are liable to be quashed for want of sanction to prosecute.
(2.) It has been submitted by learned Counsel for respondent/CBI that the challan had been filed against one Ishwar Chand on 3.7.89 for the aforesaid offences and the order issuing summons against him was passed on 3.7.89. It is suggested thatat that pointoftime,thispetitionerwasnotarrayedastheaccsued and hisname was shown in Column-2 of the charge- sheet alongwith two other public servants. Subsequently, this accused ca me on the scene and by order dated 21.9.93 summons were ordered to be issued against this accused.
(3.) It is further suggested that the prosecution prayed tor sanction thereafter against this accused as well as two other persons who were shown in Column No. 2 of charge-sheet. The sanction to prosecute against two other public servants was efused by the Competent Authority whereas sanction to prosecution as against this petitioner/accused was considered not necessary in view of his retirement from Government service with effect from 31.12.1992.;