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2009 Supreme(SC) 222

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
M. Gopalakrishnan – Appellant
Versus
State by Addl. S. P. CBI, B. S. & F. C. , Bangalore – Respondent


Advocates appeared:
For the Appellant:K. Ramamoorthy, Sr. Advocate, V.G. Pragasam, S.J.
Aristotle, S. Mukandan and Prabu Ramasubramanian, Advocates. For the Respondent:B.B. Singh and P. Parmeswaran, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted in Special Leave Petitions.

2. Challenge in all these appeals is to the order passed by a learned Single Judge of the Madras High Court in each case dismissing the application under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code). Stand of the appellant is that there was no sanction for prosecution as contemplated under law.

3. Background facts in a nutshell are as follows:

The respondent/complainant on credible information registered a case against the appellant and others for the alleged commission of offences punishable under Section 120B of the Indian Penal Code, 1860 (in short the ‘IPC) read with Section 420 IPC and Sections 11, 12, and 13(2) read with section 13(1)((d) of the Prevention of Corruption Act, 1988 (in short the ‘PC Act). On the basis of the First Information Report when investigation proceeded it disclosed the commission of the offences, as aforementioned, resulting in filing of a final report followed by taking cognizance of the case by the court concerned.

The respective stands of the parties before the High Court were as follows:

The appellant filed a petition under Section 482 of the C
































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