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2008 Supreme(SC) 203

Raghunath Anant Govilkar – Appellant
Versus
State of Maharashtra – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.The challenge in this appeal is to the order passed by the learned Single Judge of the Mumbai High Court dismissing the Criminal Writ Petition filed by the appellant for quashing the proceedings pending before the Addl. Chief Metropolitan Magistrate, 37th Court, Eaplanade. The appellant was the accused No.10 in the said case. The allegation against the appellant was that while working with Maharashthon Housing and Area Development Authority (in short ‘MHADA’) the appellant allotted premises to various persons under his signature, issued rent receipts so that the said persons could claim that they were in possession of the tenements, though in fact, the tenements, in question, were vacant and were not in possession of MHADA.

3.According to the prosecution, the appellant committed offences punishable under Sections 420, 465, 466, 467, 468 and 471 of the Indian Penal Code, 1986 (in short ‘IPC’). Before the Trial Court, the appellant filed an application for discharge in terms of Section 228 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’) primarily on the ground that sanction was necessary for his prosecution. It was al













































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