- (1.) This is a petition u/S. 482, Cr.P.C. seeking the termination of the criminal proceedings before the Addl. Chief Judicial Magistrate (S.P.E. Cases) Jaipur Distt. Jaipur against the petitioner (and a few others) in Cri. Case No. 1 of 1987.
(2.) The relevant facts are these :- During the years 1981-82 the petitioner was working as Additional Manager (Quality Assessment) with Instrumentation Ltd. Kota, which is a Govt. of India Undertaking. On the basis of source information RC/1-84-CBI DSPE CIU (P) the officer in charge of SPE/CBI Police Station, Jaipur Rajasthan registered on March 28, 1984 a case against the petitioner and some other officers of the said undertaking and some persons of certain firms/concerns. On investigation the petitioner and other co-accused were found to have entered into a criminal conspiracy to take the properties of the said undertaking by forging false documents. A police report for commission of offences u/Ss. 129B, 417, 420, 468 and 471, IPC was accordingly submitted on 2-1-87 in the Court of the learned Magistrate against the petitioner and three others. On 11-8-92 the petitioner moved an application before the learned Magistrate claiming discharge u/S. 239, Cr.P.C. on the grounds of incompetency of the CBI to investigate the offences against him and want of sanction before the learned Magistrate for taking cognizance of offences against him. By his impugned order dated 12-8-93 the learned Magistrate held that the officer in charge of SPE Police Station, Jaipur Rajasthan was competent to investigate the offences in the case and that since the petitioner was not a Public Servant obtaining a sanction u/S. 197, Cr.P.C. from the appropriate authority was not required for his prosecution. The aggrieved petitioner is now before this Court through the present petition.
(3.) Mr. R.S. Rathore, the learned counsel for the petitioner, has raised the same objections before this Court as were raised before the learned Magistrate. I, however, find not the least merit in either of the two objections.;