J.K. NARANG AND ORS. Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) BY medium of this petition, filed under section 482 of the Code of Criminal Procedure (for short, the Code), the petitioners seek setting aside the judgement/order dated 26.3.2015 passed by the learned Special Judge (CBI), Shimla, H.P. in Cr. MP No. 43 -S/4 of 2014 and Cr.M.P. No. 42 -S/4 of 2014, whereby the applications filed by them for their discharge with a further prayer to dismiss the charge -sheet for want of valid prosecution sanction has been ordered to be dismissed.

(2.) (a) petitioner No. 1 had joined Indian Army as Lieutenant in Corps of Engineers (Bombay Sappers) on 14.3.1981 and earned promotions from time to time on the basis of his performance, integrity and seniority and rose to the rank of Brigadier on being promoted on 6.6.2007. He was deputed to Border Roads Organisation and was posted as Chief Engineer Project Deepak BRO, Shimla (H.P.), where he served from 6.6.2007 to 12.2.2009.

(3.) PETITIONER No. 1 filed an application dated 2nd April, 2014 seeking direction to the CBI for production of documents being 09 in number. In reply to the said application, the CBI admitted having received the XEROX copies of the above mentioned documents from the accused persons during the course of investigation, but submitted that the same were not relied upon for the purposes of establishing the allegations against the accused. The prosecution had produced the copies of the documents mentioned hereinabove and listed in the application dated 2nd April, 2014 before the Special Judge, CBI, and had sought permission of the learned Court to return the said documents to the petitioners.