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2013 Supreme(SC) 1256

SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
D. L. Rangotha – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellants :Shiv Prakash Pandey, Ms. Rekha Pandey, Raghav Pandey, Advocates
For the Respondents:Ms. Aishwarya Bhati and C.D. Singh, Advocates

ORDER :

Criminal Appeal No. 1213 of 2013 @ S.L.P. (Crl.) No. 4155 of 2009:

1. Leave granted.

2. This appeal has been preferred by the appellant Mr. D.L. Rangotha, against Order dated 02.02.2009 passed by the High Court of Madhya Pradesh in Criminal Revision No. 165 of 2005. By the impugned order learned Single Judge of the High Court dismissed the Revision Application and affirmed the Order dated 27.12.2004 passed by the Special Judge, Lokayukta in Criminal Case No. 12 of 2004.

3. While in service, the appellant was prosecuted under Sections 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). Subsequently he retired. Before the trial court the appellant filed an application under Section 13 of the Act for his discharge on the ground that the State Government has not given sanction under Section 197 of the Code of Criminal Procedure to Lokayukta, Ujjain (Section 19 of the Prevention of Corruption Act, 1988) for filing criminal case against the appellant. It has brought to notice of the Court that on the floor of the House, the State Government has given a reply that the appellant has not committed any offence while functioning as Commissioner



















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