Obtaining sanction for prosecution under the Prevention of Corruption Act is a mandatory requirement, and no charges under the Prevention of Corruption Act could be framed without the requisite sanction.

Crl. M.A. 19520/2017, 19284/17, 18282/17, 19283/17 (for clarification and modification of order dated 30.10.2017)

1. The present applications have been filed by the petitioners under Section 482. The Code of Criminal procedure, 1973 (hereinafter referred as “Cr. P.C”) for clarification and modification of the order dated 30.10.2017, passed by this court.

2. Vide order dated 30.10.2017, this court passed the following orders :-

“14. Keeping in view the above, it is observed that the Charges on 10.02.2017 have not been framed against the petitioners in accordance with the Order-on –Charge dated 01.02.20147 and this requires to be settled before the commencement of recording of evidence. The recording of evidence in these circumstances would be a futile exercise and will vitiate the entire proceedings resulting in failure of justice. Resultantly, the matter is remanded to the Court of Special Judge, (PC Act), CBI-01, Central District, Tis Hazari Courts, Delhi.”

3. Mr. Hariharan, learned counsel for the petitioner through his present application prayed for revival of the present petition to its original number on the ground that on 01.02.2017, the then Ld. Special Judge, CBI passed order-on-charge against the petitioners under Section 120B r/w Sections 420, 471, 465, 477A of the Indian Penal Code, 1860) hereinafter referred as “IPC”) & Sec. 13(2) r/w Sec. 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (hereinafter referred as “P.C.”) and the substantive offences thereof; that thereafter on 10.02.2017, the then Ld. Special Judge framed two separate charges vide separate orders i.e. one for substantive offences punishable under Sections 120-B r/w Sections 420, 471, 465, 477A IPC and another composite charge covered under Sections 120-B r/w Sections 420, 471, 465, 477A IPC & Sec. 13(2) r/w Sec. 13(1)(d)(ii) of the P.C. Act, 1988; that inadvertently only the charges for substantive offences punishable under Sections 120-B r/w 420, 471, 465, 477-A, IPC were annexed with the petition and the separate charge covered under Sections 120-B r/w Sections 420, 471, 465, 477A IPC & Sec. 13(2) r/w Sec. 13(1)9(d) of the P.C. Act, 1988 have been filed subsequently with Crl. M.A. 14616/2017 (application for early hearing and stay of proceedings before the trial court).; that this fact was not pointed out before this court at the time of addressing arguments on the main petition and the order dated 30.11.2017, was passed by this court keeping in view the order dated 10.02.2017, relating to offences only under the IPC. Hence, the present application.

4. It now emerges on record that on 01.02.2017, order-on-charge was passed by the learned Special Judge and subsequent to it, two separate charges were framed on 10.02.2017 instead of one composite charge in accordance with the order-on-charge dated 01.02.2017. The order dated 10.02.2017 relating to composite charges was not filed along with the main petition in the lead case and has been filed subsequently with Crl. M.A. 14616/2017 (application for early hearing and stay of proceedings before the trial court). In view of the above fact, order dated 30.10.2017 is recalled and all the petitions are restored to its original numbers.

5. Applications stands disposed of.

CRL.M.C. 849/2017, CRL.M.C. 930/2017, CRL.M.C. 934/2017, CRL.M.C. 935/2017

6. Having heard on the main petitions and contentions on behalf of the parties have been noted by the court in its previous order dated 30.10.2017. The relevant portion of the order dated 30.10.2017, is stated as under :-

“1. The present petitions have been filed under Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as ‘Cr.PC’) for setting aside the Order-on-Charge dated 01.02.2017 and order on framing of Charges dated 10.02.2017 passed by Special Judge, Central Bureau of Investigation (01) (hereinafter referred as ‘CBI’), The Prevention of Corruption Act, 1988 (hereinafter referred to ‘PC Act’), Tis Hazari Courts, Delhi, under Sect