ORDER
Amareshwar Sahay, J.
1. Heard. It has been submitted by the learned counsel for the petitioners that the Special Judge, C.B.I. could not have taken cognizance of the offences under the provisions of the Indian Penal Code on the basis of the charge-sheet submitted by the C.B.I. It was only the Special Judicial Magistrate, who was. empowered to Lake cognizance under the provisions of the Penal Code.
2. It is not a simple case in which the charge-sheet was submitted only under Sections 120B/420/406/407 and 409 of the Indian Penal Code but in fact after investigation, the C.B.I. has submitted charge-sheet under the aforesaid sections of the Indian Penal Code but also under Section 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act against several accused persons including the officials who are public servants of different Government Departments.
3. It is only because the sanction for prosecution was awaited against the petitioners who are the officials of BPCL and hence the C.B.I, submitted charge-sheet only under Sections 120B/420/ 406/407 and 409 of the Indian Penal Code awaiting the sanction order for prosecution under Section 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act.
4. From the order taking cognizance it is apparent that the Special Judge has taken cognizance under Section 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act against the accused Public Servant against whom the sanction order had already been received.
5. Nothing has been pointed out to me nor any provision has been brought to my notice to substantiate that the Special Judge was debarred from taking cognizance against the petitioners only under the provisions of the Penal Code.
6. The submission of the petitioners is devoid of any merit.
7. No other point has been urged by the learned counsel for the petitioners in support of the application for quashing.
8. Accordingly this application is dismissed .