- (1.) HEARD the learned counsel for the petitioner and the learned counsel appearing for the C.B.I
(2.) THE petitioner has filed this criminal revision application against the order dated 4.2.2011 passed by the Special Judge, C.B.I -cum -Additional Sessions Judge, 1st Dhanbad, in R.C. Case No.15A of 2007R, rejecting the petitioner's application filed under Section 239 Cr.P.C. for his discharge. Counsel of the petitioner submits that sanction has not been taken in this case. The petitioner is a Junior Engineer. It is submitted that no doubt, he has already retired from his service but as the case is also under Section 120B read with Sections 420, 468 and 471 of the Indian Penal Code, according to Section 197 Cr.P.C., no sanction has been obtained from the Government which is a mandatory provision. In the charge -sheet, annexed as Annexure -2 to this application, it is stated that as the petitioner, namely, Parmeshwar Kumar Hembram has already retired from the service, sanction for prosecution is not required in this case.
(3.) COUNSEL of the C.B.L, Mr. Mokhtar Khan has submitted that petitioner had not raised this point before the trial court. Furthermore, there is evidence that petitioner certified that 100% work has been done, though the work executed has been found incomplete. As there is a direct evidence against the petitioner, petitioner cannot be discharged and the trial court has rightly rejected his discharge application filed under Section 239 Cr.P.C.;