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2011 Supreme(Cal) 1533

PRASENJIT MANDAL
S. K. Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
M. Tabraiz, N.A. Khan

JUDGMENT:

1. THE Judgment of the Court was as follows: Heard learned advocates of both the sides.

2. THIS application is directed against the order dated March 21, 2011 passed by the learned Special Judge, Port Blair in Spl. Case No. 2 of 2008 thereby allowing of two applications - one application under section 293 of the Code of Criminal Procedure and another application under section 294(3) of the Code of Criminal Procedure.

3. THE short fact necessary for the purpose of disposal of this application is that the petitioner is facing trial in respect of charge under sections 7 and 13(1) (d) of the Prevention of Corruption Act, 88 punishable under sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

4. BY allowing the first application under section 293 of the Cr PC the learned trial Judge has marked the forensic examination report as exhibit No. 12 and by allowing the application under section 294(3) of the Cr PC has marked the original sanction for prosecution as exhibit No. 13. Being aggrieved by such order, this application has been preferred.

5. NOW the question is whether the impugned order should be sustained.

6. SO far as the application under section 293 of the co








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