- (1.) Heard Mr. Anupam Mehrotra, learned counsel for the petitioner as well as Mr. Bireshwar Nath, learned counsel for the C.B.I. alongwith Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate.
(2.) The petitioner has challenged the proceeding of Criminal Case No. 4 of 1997, R.C. No. 32-A of 1996 pending before the court of Special Judge (Anti Corruption), Lucknow (West), inter alia, on the grounds that there is no valid sanction of prosecution to prosecute the petitioner under Section 197 of the Code of Criminal Procedure. It is stated that for want of valid sanction the trial is without jurisdiction. The learned counsel for the petitioner submits that when he raised this question before the trial court, the trial court by means of order dated 29.th of September, 1998 deferred the matter to decide the issue The Central Bureau of Investigation, which has been the Investigating Agency, itself has admitted in its charge-sheet that there is no valid sanction, the matter was referred to the Government 2.to accord sanction to prosecute the petitioner. The sanction was sought to prosecute the petitioner under Section 120-.B/420/467/468/471 and section 420 read with Section 511 of the Indian Penal Code as well as Section 13(2) read with Section 13(1).(d) of the Prevention of Corruption Act, but the Government by means of order dated 26.th of February, 1997 declined to accord sanction.-
(3.) Though, there was no material before the Investigating Agency to forward the request again to sanction, but vide letter dated 17th of March, 1997, it again requested. After coming to know, the petitioner also represented on 20nd of March, 1997 to the Government for not accord sanction as it would be the review of order, which was not permissible under the law.;