D.K.SINHA, J. - (1.) THIS Cr. Revision is directed against the order dated 16.2.2008 passed by Shri P.C. Agarwal, Special Judge, C.B.I. -cum -Additional Sessions Judge, VIII, Dhanbad in R.C.1A/03 -D whereby and whereunder the petition filed on behalf of the petitioner on 4.12.2007 for seeking permission to leave India for United States of America for a period of six months in connection with specialized medical treatment of his wife was refused.
(2.) THE relevant fact of the case is that cognizance of the offence was taken for the offence under Sections 120B, 420, 467, 471 I.P.C. and Section 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act against the petitioner under the allegation that the petitioner being the Director of the Central Mining Research Institute, Dhanbad (in short CMRI) in prosecution of criminal conspiracy incurred loss to the Institute for his personal gains. Learned Senior Counsel Mr. Sinha made the following submissions: The petitioner retired several years ago and now he entered into 68 years whereas the age of his wife was 65 years, both residing in Housing Colony, Dhanbad.
(3.) THE petitioner's wife had certain cardiac problem which required specialized treatment since 2001. She was operated at the Escorts Heart Institute and Research Centre, New Delhi in the year 2002 and was the red card holder of the said institute. With her advancing age she developed certain knee problem for which she required total knee replacement of both knees at a time and keeping in view of exigency the petition sought for indulgence of the Special Judge, C.B.I. for six months leave for going to U.S.A. which was refused.;