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2017 Supreme(Bom) 539

T.V.NALAWADE
Ramprasad Madhavlal Porwal – Appellant
Versus
Alka Khaire – Respondent


Advocates Appeared:
For the Petitioner: Shri. Pawan B. Pawar, appointed as amicus curiae
For the Respondents: Shri. H.F. Pawar, Shri. V.A. Bagal, Shri. P.R. Katneshwarkar, Shri. A.A. Jagatkar

ORDER :

1. In the first proceeding the order made by the learned Judge of the Special Court Jalna constituted under the Prevention of Corruption Act, 1988 in Special Case No.6/2014 filed by the present petitioner is challenged and in Criminal Writ petition No.242/2015 the order made by the same Special Court in Special Case No.9/2014 is challenged. Both the proceedings were filed as private complaints by the present petitioner for requesting the Court to take action for the offences punishable under sections 7, 8, 13(1)(c)(d), (2) of the Prevention of Corruption Act 1988 ("the Act") and sections 161 and 34 of the Indian Penal Code. In both the matters, prayer was made to give direction to police to make investigation under section 156(3) of the Code of Criminal Procedure. The learned Special Judge has dismissed the complaints by holding that the sanction under provision of section 19(1) and (3) of the Act was not there for making such order.

2. The complainant, party in person was allowed to argue the matters. In view of the intricate question of law involved in the matter, this Court had appointed learned counsel Shri. Pawan B. Pawar to assist the Court as amicus curiae. It needs to


















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