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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
Sudhir S/o Narayanrao Girde – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(URMILA JOSHI-PHALKE, J.)
1. By preferring this revision, the applicant has challenged the order dated 26.10.2023 passed below Exh.35 by learned Additional Sessions Judge, Chandrapur in Special (ACB) Case No.4/2016 for discharge under Section 239 of the Code of Criminal Procedure.
2. The applicant is an employee of a private school who was appointed as Assistant Teacher in “Sant Vidyalaya, Mindala, taluka Nagbhid, district Chandrapur.” The said school is run by “Mahatma Jyotiba Fule Magasvargiya Mandal, Mindala”. On attaining the age of superannuation, he retired as Assistant Teacher on 30.9.2019. On 3.11.2014, Dipak Natthuji Ambade, who claims to have worked as Lecturer at “Sant Hardas Junior Arts College, Mindala, approached the office of the Anti Corruption Bureau (the bureau) at Chandrapur alleging that co-accused Ashok Narayan Khandale, through the applicant, informed him that the informant has to pay Rs.3,50,000/- for regularizing his services from non-grant to grant-in-aid basis. As he was not willing to pay the amount, he approached the office of the bureau and lodged a complaint. On 3.11.2014, trap was arranged. The verification of the demand was done in presence o
The Management of a private school is the only competent authority to grant sanction for prosecution under the Prevention of Corruption Act, and any sanction granted by an incompetent authority is in....
The Management of a private school is the only competent authority to grant sanction for prosecution under the Prevention of Corruption Act, and absence of valid sanction invalidates the prosecution.
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
The requirement of prior sanction under the Prevention of Corruption Act is essential for the prosecution of public servants, and failure to obtain it renders proceedings void unless it results in a ....
The validity of the sanction granted to prosecute a public servant must be confirmed by a competent authority; failure to do so renders the prosecution invalid.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
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