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2023 Supreme(SC) 1052

S. RAVINDRA BHAT, ARAVIND KUMAR
State of Gujarat – Appellant
Versus
Dilipsinh Kishorsinh Rao – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Neha Singh, Adv.
For the Respondent(s): Mr. Shamik Shirishbhai Sanjanwala, AOR Mr. Shantanu Parmar, Adv.

JUDGMENT :

Aravind Kumar, J.

1. The proceedings initiated under the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘Act’) against the respondent herein came to be questioned by him by filing an application for discharge on the ground of investigating officer (hereinafter referred to as ‘IO’) having failed to consider the written explanation offered by him with supporting documents and the conclusion reached by the sanctioning authority was also without considering the same reflecting non-application of mind and thereby the conclusion reached by the sanctioning authority that respondent accused possessed assets disproportionate to his known source of income is erroneous and the charge-sheet material do not reveal any circumstances or evidence to arrive at a conclusion that accused had disproportionate source of income. The said application having been rejected by the trial court by order dated 13.04.2016, respondent moved the High Court under Section 397 read with Section 401 of Cr.P.C. by filing Criminal Revision Application No.387 of 2016 and same having been allowed by the impugned order dated 11.01.2018, the State has approached this Court.

2. The sole question that


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