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2020 Supreme(Bom) 1279

T.V.NALAWADE, M.G.SEWLIKAR
Saddam Shah Khalil Shah Fakir – Appellant
Versus
State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner:R.N. Dhorde, Senior Advocate, i./by V.R. Dhorde, Advocate.
For the Respondents: S.J. Salgare, Addl. Public Prosecutor.

JUDGMENT :

T.V. Nalawade, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The present proceeding is filed to challenge the order of the learned Director General of Police, Maharashtra State, dated 5th October 2020 by which the sanction is refused for the prosecution of one Police Officer under the provisions of the Prevention of Corruption Act, 1988. Direction is also claimed against the respondents to accord the sanction.

3. The submissions made and the record of the investigation which was made available by the Anti-Corruption Bureau alongwith its say show that Police Inspector Shri Baliram Hire, who was attached to Yaval Police Station District Jalgaon, was involved in one Anti-Corruption case and the sanction under section 19 of the Prevention of Corruption Act, 1988 was sought by the Anti Corruption Bureau, Jalgaon. Sanction was sought against two constables also, who were working under P.I. Hire. Sanction is given to prosecute these two Constables but it is refused in respect of P.I. Hire.

4. The record shows that it is the contention of original complainant, present petitioner that P.I. Hire visited the residential place of the

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