ORDER:

This criminal revision case is filed by the petitioner/A-1 challenging the order in Crl.M.P.No.962 of 2007 in C.C.No.12 of 2004 dated 08.12.2008, passed by the Special Judge for CBI Cases at Hyderabad, registered for the offences punishable under Section 13(2) r/w Section 13(1)(e) of Prevention of Corruption Act (for short (cid:145)P.C. Act(cid:146)).

The facts of the case in nutshell are that, during the check period from 01.01.1997 to 11.06.2002, Smt. K. Mythili Rani/A-1, while discharging her duties as Commissioner of Income Tax, an IRS Officer in Central Government Class-I Service acquired disproportionate assets worth Rs.2,42,50,941/- to her known source of income, which she could not satisfactorily account for.

The following are the grounds urged by A-1 before the Trial Court:

a) The respondent has no right to register the FIR and investigate the crime against the petitioner without obtaining prior consent from the Central Government as the petitioner is working as Commissioner of Income Tax, which is equivalent to the post of Joint Secretary in the Central Government as per the Central Vigilance Commission Ordinance dated 04.04.1999, which was amended vide Resolution date