THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1536 of 2008 ORDER: This petition is filed under Section 482 of Cr.P.C with a prayer to call for records pertaining to Criminal M.P.No.13 of 2008 in C.C.No.25 of 2001 on the file of the Special Judge for C.B.I Cases, Visakhapatnam. 2. Heard. 3. The grievance of the petitioner herein is that the P.W.80 of the case examined by the prosecution to establish the fact that the sanction accorded by P.W.80 to prosecute the respondent/accused herein. The same was objected by the respondent herein and in the cross- examination, they asserted that the P.W.80 is not a competent authority to accord the sanction for prosecution of the respondent herein. Aggrieved over the same, the petitioner herein filed the said Crl.M.P.No.13 of 2008 in C.C.No.25 of 2001 seeking to call for some documents from Hindustan Petroleum Corporation Limited Mumbai i.e., 1) C.D.A. Rules (Part-II Section-B); 2) Document showing that Director (Marketing), Hindustan Petroleum Corporation Limited was the competent authority to issue sanction for prosecution and (3) Document showing that P.W.80 was holding charge as regular incumbent in the Office of Director (Marketing, Hindustan Petroleum Corporation Limited) and empowered to accord prosecution sanction while holding charge to establish that the P.W.80 is the competent person to accord sanction to prosecute the respondent herein. 4. The learned Special Judge dismissed the application on the ground that the said petition is filed belatedly after lapse of two years. 5. The learned counsel for the petitioner submitted that if the documents are not placed before the concerned court, the case of the prosecution will suffer and it is mandatory duty of the prosecution to establish that the P.W.80 is the competent person to accord sanction to prosecute the respondent herein. 6. The learned Senior Counsel appearing on behalf of the respondent submitted that to establish that the P.W.80 is the competent person to accord sanction to prosecute the respondent herein, there is no need to call for the concerned person and examine him in the court. The Court can call for the authenticate records to establish that P.W.80 is the competent person to accord sanction to prosecute the respondent herein. 7. Learned Public Prosecutor appearing for the petitioner also submitted that the court may direct the trial court to call for the relevant documents and rely on the same to decide whether the P.W.80 is the competent person to accord sanction to prosecute the respondent herein. 8. Having regard to the facts and circumstances of the case, the Criminal Petition is disposed of with a direction to the Special Judge, C.B.I Cases, Visakhapatnam, to allow the petitioner/State to file an application to the extent of call for the records i.e., 1) C.D.A. Rules (Part-II Section-B); 2) Document showing that Director (Marketing), Hindustan Petroleum Corporation Limited was the competent authority to issue sanction for prosecution and (3) Document showing that P.W.80 was holding charge as regular incumbent in the Office of Director (Marketing, Hindustan Petroleum Corporation Limited) and empowered to accord prosecution sanction while holding charge to establish that the P.W.80 is the competent person to accord sanction to prosecute the respondent herein. The Special Judge is directed to rely on the said documents since it is not disputed by the respondent herein. The Special Judge is also directed to call for all those documents within a period of one month from the date of receipt of copy of this order and on such production of the said documents, the same can be marked as documents as per the provisions of Cr.P.C without examining the concerned person. _________________ RAJA ELANGO,J Date:21.12.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1536 of 2008 Date: 21.12.2011 Gk.