In the present matter investigation was not only without jurisdiction (without mandatory written authorization) but also unfair. While seeking sanction relevant material (documents such as written explanation offered to satisfactory account for assets, the I.T. Returns of respondent and that of his wife etc. and the statements of witnesses supporting defence) were withheld and not placed before the sanctioning authority. The sanctioning authority mentioned under Section 19 of the Act could not apply its mind on the aforesaid aspects of the matter before granting sanction. Notwithstanding that the prosecution was expected to establish the four essential ingredients to substantiate charge, prosecution case was lacking 2 out of 4 essential ingredients of charge under Section 13(1)(e) of the PC Act, nevertheless, charge was instituted against me with full knowledge that there were no just or lawful grounds for offence under Section 13 (1) (e) read with Section 13 (2) of Prevention of Corruption Act, 1988.
Now that after a decade long investigation and trial, I was acquitted by the trial Court on merits vide judgment and order dated 2-6-2012. The trial Court further held that not only the sanction was illegal but the investigation in the matter was unfair. Illegality of sanction on the face unfair investigation is fatal and must have the effect of vitiating the entire trial proceedings. The respondent has not only been seriously prejudiced but also occasioned with miscarriage of justice, therefore, it is manifestly evident that charge was instituted on the respondent despite knowledge that there were no just and lawful grounds for criminal offence. Consequently the respondent was made to suffer over a decade long mental agony, social humiliation and caused irreparable damage to his service career, therefore, the I.O. deserve conviction under the provisions of Section 211 of Indian Penal Code, 1860.
The CBI has preferred a time barred "Leave to Appeal" along with application under Sec 5 of Limitation Act to demean my acquittal and with malafide intent to haul me in decade long appeal proceedings.
Should I pray Hon'ble High Court for conviction of IO under Section 211 IPC ????
