JUDGMENT :

Prayer: Petition filed under Section 397 r/w 401 of the Code of Criminal Procedure, 1973, praying to set aside the order dated 13.12.2018 passed in Crl.M.P.No.3908 of 2018 in C.C.No.03 of 2018 by the learned Principal Special Judge for CBI Cases, VII Additional City Civil Court, Chennai, discharging from the charges.

1. This Civil Revision Petition has been filed by the Central Bureau of Investigation (CBI) challenging the order dated 13.12.2018 passed in Crl.M.P.No.3908 of 2018 in C.C.No.03 of 2018 by the learned Principal Special Judge for CBI Cases, VII Additional City Civil Court, Chennai, discharging the respondent from the charges levelled against him.

2. The facts leading to the filing of the present revision petition, in brief, are as follows:-

(i) The respondent/A1 was an Official of Central Secretarial Service, Government of India. He was working in various departments of the Central Government, lastly, he was working as Joint Director General of Foreign Trade, Department of Commerce, Government of India. During the period between 01.01.2005 and 31.10.2012 he was working in New Delhi and Bangalore. During the above period, he had acquired assets which were disproportionate to his known and lawful sources of income and as on 31.12.2012 he was found to be in possession of disproportionate assets and pecuniary resources to the tune of Rs.79,17,593/- in his name and in the name of his relatives for which the respondent did not have satisfactory account.

(ii) Earlier, based on a complaint, a crime was registered against the respondent (A1), his father, mother and wife, who were arrayed as A2 to A4 respectively for offences under Section 109 of IPC r/w 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter will be called as “the Act”). After investigation, final report was filed alleging that the respondent (A1) was having assets worth Rs.79,17,593/- (66.38%) disproportionate to his known sources of income as follows:-

(iii) Thereafter, the respondent filed a petition seeking to discharge him from framing of the charges under Section 227 of Cr.P.C. on the ground that the conclusion of the CBI regarding his alleged disproportionate assets was without any basis and the documents so-collected during the investigation would clearly reveal that there is no disproportionate assets however, the CBI illegally clubbed the assets of others without showing that the source of money to those assets have been flown from him. That apart, the amount flown from one of the trust being run by his father (A2) was also included in his assets on assumption and the assets and the contribution to the trust has not been properly considered by the CBI and no opportunity was given to him to explain the sources of his income. The materials available on record do not prima facie made out any offence against him. It was also contended by the respondent that when the application filed by the CBI seeking sanction, the sanctioning authority found that there was no material available against the petitioner for disproportionate assets and hence, closed the issue and ordered for reinvestigation, thereafter, without conducting reinvestigation, once again based on the pressure given by the Central Vigilance Commission (CVC) and the CBI, the sanctioning authority in total non application of mind accorded sanction for prosecution and the sanction order itself is nul