SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Bom) 838

ROHIT B.DEO
State of Maharashtra – Appellant
Versus
Gurudas – Respondent


Advocates appeared:
M.K. Pathan, Advocate, P.V. Navlani, Advocate, R.R. Vyas, Advocate

JUDGMENT

Rohit B Deo, J. - Heard Mr. M.K. Pathan, the learned APP for the applicant/State, Mr. R.R. Vyas, the learned counsel for respondent 2 and 4 and Mr. P.V. Navlani, the learned counsel for respondent 3.

2. The State of Maharashtra is assailing the order dated 25.10.2018, rendered by the learned Additional Sessions Judge, Nagpur in Special Case 26/2018, whereby the respondents (hereinafter referred to as the "accused") are discharged from offences under sections 420, 109 of the Indian Penal Code ("IPC") and sections 13(1)(c)(d) read with section 13(1)(b) of the Prevention of Corruption Act ("Act" for short) solely on the ground that in view of the amended provisions of section 17-A of the Act, the Court is precluded from taking cognizance of the offences in the absence of previous approval from the State Government.

3. The learned Additional Sessions Judge reasons thus:

"9] I have given my anxious consideration to the submissions advanced by the respective counsels of accused No.1 to 4. It is matter of record that the present charge-sheet is filed only for the alleged offences U/s. 13(1)(c)(d) R/w 13(1)(b) of P.C. Act. It is also admitted fact on record that the charge-sheet was

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top