JUDGMENT

Brijesh Sethi, J. - Crl.M.A. 13703/2020 (by R-13); Crl.M.A. 13851/2020 (by R-2) & Crl.M.A. 14091/2020 (supplementary application by R-13)

1. Vide this common order, this Court will dispose of the above captioned three applications. Vide first application [Crl.M.A. 13703/2020], applicant/respondent No.13- Asif Yusuf Balwa is seeking necessary direction to the petitioner to furnish copy of mandatory approval under Section 378(2) Cr.P.C. obtained by the petitioner i.e. CBI along with concerned note sheets, reports, drafts, letters and correspondence to file the present appeal. Vide second application [Crl.M.A. 13851/2020], applicant/ respondent No.2- Siddharth Behura is also seeking copy of mandatory approval with complete file maintained by the Government containing all note sheets, reports, drafts, letters, correspondence etc. under Section 378(2) Cr.P.C. Applicant/respondent No.2 is seeking copy of approval/ notification under Section 24(8) Cr.P.C. in favour of Mr.Sanjeev Bhandari, Special Public Prosecutor authorizing him to file the instant petition. The prayer made by the respondents runs as follows:-

Crl.M.A. 13703/2020 & Crl.M.A14091/2020

PRAYER

"It is, therefore, prayed that this Hon''ble Court be pleased to:

(a) Pass necessary orders and directions to Appellant to place on record all the documents through official mode with affidavit, which have been shared by the Appellant with the respondents over email.

(b) Pass necessary orders and directions to Appellant to place on record all the Truncated documents along with its enclosures therein, so that proper sense can be out of the documents.

(c) Pass any other order(s) and direction(s) in view of the facts and circumstances of the case, in the interest of justice.

Crl.M.A. 13851/2020

PRAYER

It is, therefore, prayed that this Hon''ble Court be pleased to:

(a) Pass necessary orders and directions, to the Appellant for supply of copy of mandatory approval alongwith the complete file maintained by the concerned government department containing all the note sheets, reports, drafts, letters and correspondences etc., if any, obtained by the Appellant under Section 378 (2) of Code of Criminal procedure, 1973 to file the captioned Appeal.

(b) Pass necessary orders and directions, to the Appellant for supply of copy of the approval/notification under Section 24 (8) Cr.P.C of Sh. Sanjeev Bhandari, Spl Public Prosecutor who has filed captioned Appeal alongwith the Criminal leave application;

(c) Pass any other order(s) and direction(s) in view of the facts and circumstances of the case, in the interest of justice."

2. Learned counsel for the applicant/respondent No.13 submitted that the allegations levelled against the present applicant with other accused was of intentionally aiding and facilitating the payment of alleged quid pro-quo of Rs.200 crores as a reward for alleged undue favours shown to company M/s Swan Telecom Private Limited. Learned Special Court vide order dated 21st December, 2017 had acquitted all the accused persons including the present applicant. Thereafter, the petitioner/CBI has filed the instant leave to appeal against the said order of acquittal passed by the learned Special Court on 21st December, 2017. Learned counsel for applicant/respondent No.13 has, however, submitted that this Court cannot hear and decide the petition seeking ''leave to appeal'' unless petitioner/CBI places the mandatory approval u/S 378(2) Cr.P.C. on record.

3. Learned counsel for the applicant/respondent No.13 had drawn attention of this Court to Section 378 of Cr.P.C. Mr. Vijay Aggarwal, learned counsel submitted that in terms of sub section 2(b) of Section 378 Cr.P.C. and Chapter 23 of CBI Manual, it is mandatory to obtain sanction/approval before filing the appeal/petition. He further submitted that appeal against acquittal cannot be filed without the directions/ sanctio