UMESH C.BANERJEE, K.G.BALAKRISHNAN
State Of Gujarat – Appellant
Versus
K. V. Joseph – Respondent
ORDER
The State of Gujarat is in appeal against the judgments of the Gujarat High Court in these appeals. Whereas in Criminal Appeal No. 601/97, judgment in its entirety has been challenged as totally without jurisdiction, the Criminal Appeal No. 602/1997, however, is having a limited challenge and the main grievance pertains to certain directions. For convenience sake the Criminal Appeal No. 602/1997 is taken up first for hearing.
Mr. K.N. Rawal, the learned Additional Solicitor General of India contended that the directions contained at paragraph 26.1 at page 68-69 of the paperbook in particular the last few lines are not only unwarranted but wholly without jurisdiction. For convenience sake the same is set out hereinbelow :
"......In fact, after registering the offence, sanction must be obtained within one month or at the most within two months, and thereafter, the chargesheet should be filed within fifteen days. If round about three months if the chargesheet is not filed, Director General, Anti-Corruption Bureau should call for necessary explanation and take appropriate departmental action against the concerned Investigation Officer and also must request the concerned depa
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