JUDGMENT :

1 By this revision petition, petitioner/Central Bureau of Investigation (CBI) is challenging the order dated 24th July 2017 avk 1 passed by the learned Special Judge for the CBI, Greater Mumbai, below Exhibit 1061, thereby discharging respondent/accused no.28 Dalpat Singh Rathod, the then Police Constable of Rajasthan Police, for want of evidence and absence of material under Section 227 of the Code of Criminal Procedure as well as for want of sanction as envisaged by Section 197 of the Code of Criminal Procedure . The claim for discharge was for offences punishable under Sections 120B , 364, 365, 368, 341, 342, 384, 302 read with 201 of the Indian Penal Code as well as under Section 25 of the Indian Arms Act .

2 In order to have a better understanding of the subject matter, it is necessary to state case of the prosecution against the accused persons in brief. The prosecution case is to the following effect :

(a) Sohrabuddin Shaikh (since deceased) was a dreaded criminal, against whom offences of murder, abduction and extortion etc. were registered in the States of Gujarat and avk 2 Rajasthan. He was an absconding accused in Crime No.214 of 2004 regarding murder of Hamid La