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2013 Supreme(Bom) 2225

S.C.DHARMADHIKARI, G.S.PATEL
Vivek Batra – Appellant
Versus
Union of India through the Secretary, Ministry of Finance, Department of Revenue – Respondent


Advocates Appeared:
For the Petitioner:Amit Desai, Senior Advocate a/w Prakash Naik, Gopalkrishna Shenoy, Ganesh Bhujbal, Advocates.
For the Respondents:R1, Vivek Bhatia, R3, D.N. Salvi, R4, Kevic Setalwad, Additional Solicitor General of India a/w Milind Sawant, Awais Ahmadji, B.B. Badami, Advocates, Mrs. P.H. Kantharia, APP.

Judgment :

S.C. Dharmadhikari, J.

1. In the light of the earlier orders passed by this Court at the stage of issuance of notice, this Writ Petition is disposed of finally at the stage of admission.

2. Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith.

3. By this Writ Petition under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, 1973, the Petitioner is challenging the grant of sanction vide order dated 09.10.2012. This order is passed by the Respondent No.1.

4. The Petitioner before us is a citizen of India. He is an Indian Revenue Service Officer of 1992 batch (for short IRS officer). Presently, he is the Additional Commissioner of Income Tax, Mumbai.

5. It is stated that a case of Disproportionate Assets bearing RC No.BA1/2005/A0017 was registered by the Respondent No.4 on 4th April, 2005 against the Petitioner who is the original accused, under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. It is alleged in the complaint dated 04.04.2005 that the present Petitioner who is the original Accused while functioning as a public servant indulged in corrupt practices and thereby ac


















































































































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