The main legal point established in the judgment is that acts not in discharge of official duties are not protected under Section 197 of Cr.P.C., and technicalities should not impede the dispensation of justice.

JUDGMENT

Lok Pal Singh, J. - Both the criminal revisions are directed against the order dated 05.12.2015, passed by Special Judge, Anti Corruption (CBI), Dehradun, whereby charges were framed against the revisionist under Sections 120B, 420, 477A in C.B.I. case no. 04 of 2014, as also under Sections 120B, 420 of IPC, in C.B.I. case no. 05 of 2014, both titled as C.B.I. vs Ram Sagar.

2. Earlier both the criminal revisions were dismissed by this Court vide judgment and order dated 15.11.2018 holding that sanction under Section 197 of Cr.P.C. is not required to prosecute the revisionist. Feeling aggrieved by the judgment dated 15.11.2018, revisionist preferred two criminal appeals, bearing Criminal Appeal no. 1763 of 2019 and Criminal appeal no. 1764 of 2019, both titled, Ram Sagar Vs Central bureau of Investigation, before the Hon'ble Apex Court. The Hon'ble Apex Court vide its judgment and order dated 26.11.2019, allowed both the appeals and remitted the matter to this Court to decide afresh, in accordance with law.

3. Said judgment and order passed by the Hon'ble Apex Court in both the appeals, is extracted hereunder:

"Leave granted.

The High Court, in our considered opinion, has not considered the allegations made in the charge-sheet relating to the contract matter. It has dealt with only in respect of the appointments and interpolation of the record. We also find that the reasons assigned are not sufficient to come to the conclusion. Therefore, in our considered opinion, interest of justice would be met in case the matter is reheard by the High Court so as to enable both the parties to put forth their respective case.

The impugned judgment is set aside. The matter is remitted to the High Court for fresh hearing on the aspect of framing of charge / discharge based on the material on record collected in both the charge sheets.

The appeals are, accordingly, allowed. We hope and trust that the High Court will decide the matter as mentioned supra at an early date."

4. Before proceeding to decide both the revisions on merit, this Court feels it necessary to state that arguments were advanced before this Court that due to lack of sanction under Section 197 of Cr.P.C., the prosecution cannot continue against the revisionist, but while filing the appeals before the Hon'ble Supreme Court a new plea was raised that this Court has not considered the aspect of framing of charge / discharge based on the material on record collected in both the charge sheets and having considered the submissions advanced on behalf of the revisionist, Hon'ble Apex Court has passed the aforesaid order. A perusal of the grounds of criminal revisions would depict that the revisionist has not raised any ground that no prima facie evidence is available on record which lead to framing of charges against the revisionist. In view of the directions issued by Hon'ble Apex Court, this Court is under obligation to decide these criminal revisions afresh.

5. Brief facts of the case are that the revisionist Ram Sagar was the Director, Aryabhatta Research Institute of Observational Sciences (ARIES), Manora Peak, Nainital at the relevant point of time. Instant case was registered in CBI, Dehradun Branch on the order dated 16.04.2013 of this Court, passed in WPPIL no. 07 of 2012, filed by Sri D.N. Bhatt and another. 31 different allegations were made in the writ petition which were made basis of the registration of the instant FIR. Consequently, the FIR was registered under Section 120B, 409, 420 of IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 against three named persons, including the revisionist.

6. During investigation it was revealed that out of total 31 allegations, 29 allegations were either incorrect or were found to be procedural lapses on the part of Director ARIES or the Governing Council ARIES. Only two allegations were found to be criminal in nature during investigation. Since both the instances of conspiracy are different in nature and h