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1992 Supreme(Online)(Del) 8

DELHI HIGH COURT
, J
State (C. B. I. ) v. Lachmandas Gupta and Others


Advocates:
For the Appellants/Petitioners: Mr. Lal

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 therefore not acceptable.

3. It is against the impugned order dated August 16, 1991 that the present criminal revision has been preferred by the appellant inter alia on the ground that for filing a report under S.173, Cr. P.C. for closure of the case, no sanction of the sanctioning authority is required.

4. In order to appreciate the contention of the appellant, it is wor








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