Rajesh Singh Chauhan, J. - (1.) Heard Sri Amarjeet Singh Rakhra, learned counsel for the revisionist i.e. Central Bureau of Investigation (hereinafter referred to as the CBI) and Sri Sanjay Kumar, learned counsel for the opposite party.
(2.) By means of this criminal revision which has been filed under section 394/401 read with section 482 Cr.P.C. the order dated 26.3.2003 passed by the then Special Judicial Magistrate (CBI), Lucknow in Case No. 68/98 : CBI vs. Manish Kumar has been impeached. As per aforesaid impugned order the learned court below has discharged the opposite party hereto from the charges which has arisen in Case Crime No. 68/98 under section 420 IPC, P.S. C.B.I. for the reason that no, prima-facie, evidences were available with the CBI against the accused -applicant during the course of the investigation and CBI has got no jurisdiction to make investigation in the issue in question without seeking prior approval from the State Government.
(3.) The facts and circumstances giving rise to the instant criminal revision, in brief, are that in compliance of the order dated 28.4.1997 passed by this court in Civil Misc. Writ Petition No. 23899 of 1994 filed by one Sri Jiut Lal Jaiswal, CBI had taken up investigation by registering Case RC.10 (A)/97-SIU.I / SIC.I New Delhi on 4.6.1997. In the said writ petition it was alleged that Manish Kumar, the respondent hereto did not have income of his own and if the income of his parent was taken into account, the same would be amounted to Rs. 70,000/- per annum. It was further alleged that Manish Kumar was the student of Engineering at Pune and he was not resident of Chunar for last five years but he had misrepresented himself in his application, for getting allotment of Liquefied Petroleum Gas (LPG) Distributorship, submitted to Indian Oil Corporation.;