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2. Another application was moved by accused no. 3 on 26.05.2012 mentioning therein that the applicant/accused no. 3 has moved an application seeking sanction for prosecution in respect of Sh. S K Singh in view of the recent judgment of Hon'ble Supreme Court in the matter of Dr. Subramanian Swamy Vs. Dr. Manmohan Singh & Others, Civil Appeal No.1193 of 2012 (Decided on 31.01.2012). As per applicant, he had moved the application for sanction on 23.05.2012 before the Sanctioning Authority, although it was the duty of the CBI to do the needful and he is very hopeful that sanction for prosecution in respect of Sh. S K Singh would be granted very soon in view of the facts of the case. So, it has been prayed that the present case may be kept in abeyance till the orders on the application filed by accused no. 3 for grant of sanction in respect of Sh. S K Singh.

(vii) Ld. Advocates are expected to cite the prevalent law and not rely upon over-ruled judgments knowing fully well that over-ruled judgments are not good law. It is expected that in future the Ld. Advocates appearing for accused no. 1 and 3 will not cite any over-ruled judgments before this Court as they are part of the justice delivery system and it's their duty to uphold high traditions of the profession.

(viii) As far as the application of accused no. 3 for keeping the present matter in abeyance till the order of the sanctioning authority on his application for grant of sanction for prosecution in respect of PW 8 Sh. S K Sigh is concerned, reliance has been placed upon the judgment of Hon'ble Supreme Court in the matter of Dr. Subramanian Swamy Vs. Dr. Manmohan Singh & Others (supra).

(ix) With due respect, the facts of the present case are different. In the case of Dr. Subramanian Swamy (supra), the sanction had been sought by Dr. Subramanian Swamy for filing a criminal complaint against the public servant. In the present case, the prosecution has been lodged by CBI and it is the prerogative of the CBI to implead the accused persons including the public servants after seeking permission from the sanctioning authorities.