Malkar Teji Rao v. The State,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.15622 of 2016 ORDER:

This petition is filed under Section 482 of Cr.P.C. to quash the proceedings against the petitioner/accused in C.C.No.23 of 2015 on the file of the III Additional Special Judge for C.B.I. Cases, Hyderabad.

2.

Heard the learned counsel for both parties.

3.

The only point involved in this petition is whether the sanction order dated 31.08.2015 is valid or not? 4.

To substantiate the argument, the learned counsel for the petitioner placed reliance on Office Order No.109/2011, dated 30.08.2011. To discard the case of the petitioner, the learned Special Standing Counsel for C.B.I. for the respondent placed reliance on the letter addressed to the Deputy Inspector General of Police, C.B.I., Hyderabad, dated 28.11.2016 and also notings on Office Order No.109/2011, dated 30.08.2011.

5.

The validity or otherwise of this office correspondence requires a detailed enquiry.

6.

In view of the above referred documents, this Court is not inclined to express any opinion with regard to the validity or other wise of the sanction order.

7.

Having regard to the facts and circumstances of the case, the learned III Additional Special Judge for C.B.I. Cases, Hyderabad, is

hereby directed to dispose of C.C.No.23 of 2015 in accordance with law by considering the above referred documents. 8.

With the above direction, the Criminal Petition is disposed of. Office is hereby directed to append the above referred documents to this order.

9.

Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 03.01.2017 Ivd