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2018 Supreme(SC) 339

RANJAN GOGOI, R.BANUMATHI, MOHAN M.SHANTANAGOUDAR
K. K. Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellants :- Kabir Dixit, Adv.
For the Respondents:- Swarupama Chaturvedi, Adv.

JUDGMENT

Ranjan Gogoi, J.

Leave granted.

2. By the order impugned, the High Court of Madhya Pradesh has negatived the challenge made by the appellant to the maintainability of a criminal prosecution/proceeding instituted under Section 199(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") alleging commission of offences under Sections 499 and 500 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") against the Hon'ble Chief Minister of the State of Madhya Pradesh. The complaint has been filed by the Public Prosecutor on 24th June, 2014 before the District & Sessions Judge, Bhopal (Madhya Pradesh) after receipt of sanction from the Competent Authority of the State Government on the very same day i.e. 24th June, 2014.

3. At the very outset, we deem it necessary to put on record that during the pendency of the present proceedings the prosecution against the accused appellant has been concluded by the learned Special Judge, Prevention of Corruption Act, Bhopal, Madhya Pradesh by judgment and order dated 17th November, 2017 in Sessions Trial No.573 of 2014. The accused appellant has been found guilty of the commission of the offence punishable und



























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