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2020 Supreme(Chh) 193

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
DILIP KUMAR SHARMA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Shashank Thakur, Advocate, Gagan Tiwari, Advocate

JUDGMENT

Parth Prateem Sahu, J. - Correctness and sustainability of order dated 06.04.2018 passed in Writ Petition (Cr.) No.355 of 2017 is put to challenge in this writ appeal. The Appellant has questioned the grant of sanction dated 17.05.2017 passed by Respondent No.5 for prosecution of the Appellant under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act of 1988') in the writ petition, which came to be dismissed.

2. Facts of the case in nutshell are that, the Appellant was working as Technical Assistant with Respondent No.4 i.e. Chhattisgarh State Ware Housing Corporation Raipur and was posted as Godown In-charge at Ware Housing Corporation, Balod. On anonymous complaint, Anti Corruption Bureau registered Crime bearing No.9/2015 mentioning therein the allegation with regard to the illegal recovery of amount from rice millers. As the Appellant was working as public servant, the Investigating Agency moved an application under Section 19 of the Act of 1988 for grant of sanction for prosecution of the Appellant. Initially the application for grant of sanction was refused, but subsequently sanction was ordered.

3. In the writ pet

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