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SANDEEP V. MARNE
Padmakar Narhar Deshpande – Appellant
Versus
Central Bureau of Investigation, Anticorruption Branch, Pune – Respondent
| Table of Content |
|---|
| 1. challenging discharge on competency of authority (Para 1 , 2 , 4) |
| 2. background facts of criminal applications (Para 3 , 5 , 10) |
| 3. arguments about invalid sanction affecting trial (Para 8 , 9) |
| 4. court's analysis of sanction competency (Para 12 , 14 , 19) |
| 5. sanction validity and trial outcomes (Para 20 , 23 , 30) |
| 6. dismissal of applications without costs (Para 31 , 32 , 33) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. These two Criminal Applications are filed by the Applicant challenging the Order dated 27 January 2023 passed on application at Exhibit-84 and Order dated 12 December 2022 passed on application at Exhibit-118 seeking discharge in Special Case No. 387 of 2020 and Special Case No. 15 of 2019 respectively.
2. The issue involved in the present Applications is about entitlement of an accused to seek discharge on the ground of incompetency of the officer granting sanction for prosecution. According to Applicant, the crime alleged against him is referrable to his capacity as General Manager, (TEGS VII) for whom the Competent Authority for sanction of prosecution is Chairman and Managing Director and in his absence, the Executive Director. That his demoted designation of A
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