Vijender Jain, J. (Oral)

( 1 ) THIS is a petition filed by the State under Sections 397 and 401 of the Code of Criminal Procedure 1973 on behalf of the Central Bureau of Investigation for setting aside the order dated 21st July, 1992 passed by Special Judge under Prevention of Corruption Act, 1947 (now amended in 1988 ). The main thrust of the arguments of Mr. S. Lal, learned counsel for the petitioner, is that after Magistrate has recorded the evidence of PW-1 i. e. Mr. P. G. Gavai, who was a former Lt. Govemor of Delhi, the Special Judge ought to have finished the whole evidence of the State and could not have discharged the accused. Another argument raised by learned counsel for the petitioner is that even if the said Mr. Gavai has deposed as a witness before the

( 2 ) SPECIAL Judge, the State could have produced other evidence to show that. the sanction was proper. Mr. Lal has vehemently contended that it was illegal on the part of the-Special Judge to have decided the question of sanction on the evidence of one person only i. e. PW-1. In support of his arguments he has cited AIR 1968 SC 1419, 1948 PC 82, AIR 1958 SC 148, 1989 Cr. L. J. 255, 1983 Cr. L. J. 416 and AIR 1955 Patna

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