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1996 Supreme(SC) 2443

M.K.MUKHERJEE, S.P.KURDUKAR
State Anti-Corruption Bureau, Hyderabad – Appellant
Versus
P. Suryaprakasam – Respondent


ORDER :

M.K. Mukherjee, J.

1. Leave granted. Heard the learned counsel for the parties.

2. For possessing assets disproportionate to his known sources of income, a case was registered against the respondent under Section 5(2) of the Prevention of Corruption Act, 1947 ("Act" for short). On completion of investigation, the prosecution filed charge-sheet against him after obtaining sanction from the State Government. The Principal Special Judge for SPE and ACB cases, Hyderabad took cognizance upon the charge-sheet and issued process against the respondent. After entering appearance, he filed an application seeking his discharge under Section 239 Criminal Procedure Code. The learned trial Judge rejected that application and aggrieved thereby, the respondent moved the High Court in revision. By an order dated 18-7-1990, the High Court disposed of the revision petition by directing the State Government to reconsider the question of according sanction for prosecution of the respondent after giving him an opportunity to offer an explanation against the accusation made against him. Pursuant to the said direction, the State Government considered the explanation submitted by the respondent and

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