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2012 Supreme(Del) 1295

PRATIBHA RANI
Hawa Singh – Appellant
Versus
CBI – Respondent


Advocates Appeared:
For the Petitioner:H.K. Sharma, Advocate.
For the Respondent:Ms. Sonia Mathur, Advocate.

Judgment :

1. The petitioner has filed this petition under Section 482 CrPC read with Section 27 of the PC Act, 1988 seeking discharge in CC No. 09/2006 (RC No.DAI-2004-A-0046/DLI).

2. The petitioner challenged the validity of sanction Ex.PW4/A and filed an application before learned Special Judge seeking discharge on the ground of invalidity of the sanction. The said application was dismissed vide order dated 29.11.2011 which is impugned before this Court.

3. Vide impugned order, learned Special Judge held that the sanction order did not suffer from any infirmity or non-application of mind by the authority to grant sanction for prosecution. Sanction was held to be valid and application of the accused was dismissed.

4. In brief, the case of the petitioner is that he was facing trial in the above noted case and during pendency of the trial, he filed an application seeking discharge on the ground of invalidity of the sanction which has been dismissed by learned Special Judge vide impugned order dated 29.11.2011. In the interregnum period his statement under Section 313 CrPC was also recorded and while answering the questions bearing No.86 to 90, also validity of the sanction and it be




































































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