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2016 Supreme(Bom) 1498

Z.A.HAQ
Narayan, S/o Wamanrao Joshi – Appellant
Versus
State of Maharashtra, through Police Station, Adyal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri N.D. Khamborkar.
For the Respondent: Shri R.S. Nayak.

JUDGMENT :

Z.A. Haq, J.

1. Heard learned advocates for the respective parties.

2. Rule. Rule made returnable forthwith.

3. The petitioner has filed this petition challenging the order passed by the learned Magistrate on 20th February, 2015 rejecting the application (Exh.63) filed by the petitioner praying that he be discharged from the prosecution for the offences punishable under Sections 120B, 200, 409, 420, 468, 471, 477A, 201 and 511 and Section 34 of the Indian Penal Code. The petitioner has also challenged the order passed by the Sessions Court dismissing the revision filed by the petitioner challenging the above order.

4. On complaint filed by Vijay Gupta, the learned Magistrate directed investigation and after final report came to be submitted, directed registration of the First Information Report against 9 persons (including the petitioner). The petitioner was working as Education Officer (Secondary), Zilla Parishad, Bhandara at the time of commission of the alleged offence. The petitioner had filed the application (Exh.63) before the Magistrate contending that the petitioner cannot be prosecuted without sanction by the State Government as required by Section 197 of the Code of













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