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DELHI HIGH COURT
, J
State (C. B. I. ) v. Lachmandas Gupta and Others
| Table of Content |
|---|
| 1. appellant's initiation of corruption cases against respondents. (Para 1 , 2 , 3) |
| 2. legal provisions regarding the necessity of sanction. (Para 4 , 5) |
| 3. importance of valid sanction in prosecutions. (Para 6) |
| 4. arguments regarding the need for sanction in closure reports. (Para 7 , 8) |
| 5. court’s decision on the necessity of sanction. (Para 9 , 10) |
1. Central Bureau of Investigation (hereinafter called the appellant) registered corruption cases against the present four respondents under S. 120 - B, I.P.C. and S. 5(2) read with S.5(1)(d) of the Prevention of Corruption Act . During the investigation the appellant could not collect sufficient evidence to establish criminal conspiracy and abuse of official position by the respondents. In view of lack of evidence the appellant submitted a report under S. 173, Cr. P.C. before the Special Judge, Delhi for closure of the case.
2. The Special Judge, Delhi by the impugned order rejected the request of the appellant and directed that at the first instance the prosecution should approach the concerned sanctioning authority before coming to the Court and further held that the report under S.173, Cr. P.C. was premature and therefo
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