IMPORTANT POINT
Defects in order of sanction for prosecution and investigation are not relevant for discharge, that too without adverting to the charges.

JUDGMENT :

A.S. Bopanna, J.

Delay condoned.

2. Leave granted.

3. The appellant Central Bureau of Investigation (CBI) is before this Court assailing the order dated 14.12.2015 passed by the High Court of Judicature at Bombay in Criminal Revision Application Nos. 284/2013 and 323/2013. Through the said order the High Court has allowed the Criminal Revision Application No. 284/2013 and discharged the accused No. 2 and further the Criminal Revision Application No. 323/2013 filed by the appellant herein was dismissed.

4. The brief facts limited to the disposal of these appeals is that the first respondent in both these appeals, namely, Smt. Pramila Virendra Kumar Agarwal and Shri Virendra Kumar Agarwal were charged under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘P.C. Act’ for short) and Section 109 of IPC. The respondent No. 1 in SLP (Crl.) D.No. 23350/2017 is the wife of the respondent No.2. They are charged as accused No. 2 and accused No. 1 respectively and are proceeded against in CBI, ACB Special Case No. 21/2010. In the said proceedings both the accused filed separate applications seeking their discharge. The application of accused No. 1 Shri Virendra Kumar Agarwal was registered as Exhibit 13 while that of accused No. 2 Smt. Pramila Virendra Kumar Agarwal was registered as Exhibit 20. The Special Court on consideration of the application for discharge has allowed the application of accused No. 1 – Shri Virendra Kumar Agarwal through the order dated 15.01.2013 and discharged him from the offences charged against him under FIR No. RC 49(A)/2007:CRI:ACE:Mumbai. Insofar as the application filed by accused No. 2 Smt. Pramila Virendra Kumar Agarwal the Special Court through the order dated 22.02.2013 had rejected the application.

5. In that background the appellant herein – CBI claiming to be aggrieved by the discharge of accused No. 1 had filed the Criminal Revision Application No. 284/2013 before the High Court. The accused No. 2, Smt. Pramila Virendra Kumar Agarwal claiming to be aggrieved by the rejection of her application for discharge had filed the Criminal Revision Application No. 323/2013 before the High Court. Since both the Criminal Revision Applications were arising out of the same proceedings before the Special Court, in Special Case No. 21/2010, the High Court had clubbed and considered the same and disposed of through the common order dated 14.12.2015 by which the Revision Application of the accused No. 2 was allowed while the Revision Application of the appellant herein assailing the discharge of accused No. 1 was dismissed. It is in that light the appellant herein – CBI has instituted these appeals assailing the said common order dated 14.12.2015.

6. Heard Shri K.M. Natraj, learned Additional Solicitor General, for the appellant and Ms. Sonia Mathur, learned Senior Advocate, for the private respondents as also Shri Nishant Katneshwarkar, learned standing counsel for the State of Maharashtra and perused the appeal papers.

7. The learned Additional Solicitor General at the outset would point out that the High Court though had taken up both the Revision Applications and disposed of the same through the common order and in the operative portion has allowed the application of accused No. 2 and dismissed the Revision Application of the appellant herein, the order impugned does not indicate any reasons for consideration and disposal of the Revision Application whereby the appellants had challenged the discharge order of accused No. 1. It is further contended that the reasons as assigned by the Special Court as also the High Court for discharge of the accused on the ground that they were not provided opportunity to explain and the explanation offered is not a part of the charge sheet is not justified. It is contended that in the criminal investigation such procedure is not contemplat