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2022 Supreme(Kar) 1463

M. NAGAPRASANNA
B. A. Padmanayan S/o. B. Ashwathnarayan Shetty – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates appeared:
C.H. Jadhav, Advocate, Chetan Jadhav, Advocate, B.C. Venkatesh, Advocate, P. Prasanna Kumar, Advocate, B.N. Suresh Babu, Advocate

Table of Content
1. introduction of factual context and allegations (Para 1 , 2 , 3)
2. court's analysis of the prosecution's arguments (Para 4 , 6 , 9 , 10)
3. arguments over the necessity of sanction for prosecution (Para 7 , 8)
4. understanding the requirement for sanction under law (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)
5. final judgment regarding the order of cognizance (Para 18)

JUDGMENT/ORDER

M.NAGAPRASANNA,J. - The petitioners in Crl.P.No.1144 of 2020 are accused Nos.1 to 6, 8 to 10 and petitioner in Crl.P.No.1545 of 2020 is accused No.7 in C.C.No.1139 of 2020 and have knocked the doors of this Court calling in question order of the XVII Additional Chief Metropolitan Magistrate, Bangalore taking cognizance by his order dtd. 14/1/2020 for offences punishable under Ss. 120B, 167, 182, 193, 195, 211 and 218 of the IPC.

2. Brief facts that lead to the filing of the present petitions, as borne out from the pleadings, are as follows:-

The 1st petitioner was, at the relevant point in time, working as Inspector General of Police, Excise enforcement and Lottery Prohibition Wing ('the Wing' for short) and claims to have served the Police Department for more than 3 decades. Similarly all th

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