"Whether a Magistrate can on taking cognizance, implead a person as an accused in a case in which such person has not been arrayed as an accused by the investigating agency on the basis of record of the investigation submitted under sec.173 Cr.P.C.," is the question arising for determination in this criminal revision.

2. The petitioner was Director General of Prisons J&K and in connection with purchase of medicines for the jail inmates during the years 1991-1992 a case was registered by the Vigilance Organization for commission of offence under sec.5(2) P.C.Act, read with sec. 120.B RPC. The investigating agency found the commisssion of the said offences by the accused which included the petitioner and the case was submitted to the Government for according sanction under sec.6 of the P.C.Act. The Government after examining the case declined to accord sanction in respect of the petitioner but accorded sanction for the trial of other accused named in the F.I.R. Consequently a charge sheet for trial of the accused for whom the Government had accorded sanction was filed before the learned Special Judge Anti-Corruption Jammu. In the charge sheet the petitioner Sh.T.R.Kalra was not arraye

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