The Delhi High Court on Monday observed that the case of middleman Manoj Prasad, arrested in bribery case, was on a different footing from that of CBI Special Director Rakesh Asthana and DSP Devender Kumar -- both accused in the same matter.
Justice Najmi Waziri said Prasad was a private person and Asthana and Kumar were public servants and nothing stops CBI from probing a private individual.
The court said it would be decided during detailed hearing on the pleas of Asthana and Kumar, seeking quashing of the FIR, whether prior sanction from the competent authority was required to prosecute them.
The court was hearing Prasad's plea seeking quashing of the FIR against him in the bribery case in which he has contended that the FIR was lodged without conducting inquiry which was illegal.
The court, which initially orally asked the CBI to file response to Prasad's petition by October 31, later said it was not issuing any notice on the plea right now and re-notified it for hearing tomorrow.
Senior advocate Siddharth Luthra, appearing for Prasad, argued that as per Supreme Court's earlier judgement, there was a need for conducting a preliminary inquiry in a corruption case before lodging of the FIR, which had not been done.
The court observed that Prasad's case was on a different footing and an earlier order of the trial court in the matter was explicit on the issue.
CBI's Special Prosecutor K Raghavacharyulu sought time to respond saying he was not having the copy of the petition.
When the judge asked as to whether the petition copy was served to the CBI, Prasad's counsel replied in affirmative and said that without doing so the high court registry does not accept the plea.
Prasad, who is in the CBI custody till tomorrow, has sought quashing of the FIR lodged on October 15 as also a stay on the investigation by the agency till the disposal of the petition.
The CBI had registered the case against Asthana on the basis of a complaint from Hyderabad-based businessman Satish Sana, facing probe in the 2017 case allegedly involving meat exporter Moin Qureshi.
Sana alleged that the officer had helped him get a clean chit.
The agency had also arrested Prasad in the case, when he returned from Dubai. It was alleged by Sana that Prasad and his brother Somesh had taken Rs 2 crore to arrange clean chit to him.
Prasad, a resident of Burj Khalifa in Dubai, has made the CBI, its chief Alok Kumar Verma, Superintendent of Police S S Gurm, Deputy Superintendent Ajay Kumar Bassi as respondents in the matter.
He has also arrayed Sana as a respondent on whose complaint the FIR was lodged.
Prasad's sister has filed the petition on his behalf on October 26.
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