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2022 Supreme(Raj) 195

SANDEEP MEHTA
Sourabh Garg S/o Shiv Kumar Garg – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manish Shishodia, Abhijeet Sharma.
For the Respondent: Mukhtiyar Khan.

JUDGMENT :

SANDEEP MEHTA, J.

1. The instant misc. petition has been filed by the accused petitioner under Section 482 Cr.P.C. seeking quashing of the F.I.R. No. 407/2021 lodged at the Police Station Anti Corruption Bureau, Udaipur for the offences under Sections 7 and 8 of the Prevention of Corruption Act (Amendment) Act, 2018 (hereinafter referred to as ‘the Act’ for brevity).

2. Learned senior counsel Shri Shishodia assisted by Shri Abhijeet Sharma appearing for the accused petitioner through video conferencing vehemently and fervently urges that the registration of the impugned F.I.R. is absolutely illegal because no previous approval to launch the investigation was taken by the Investigating Officer from the appropriate Government as per the mandate of Section 17A of the Act. He further submits that registration of the impugned F.I.R. is also contrary to the ratio laid down by Hon'ble Supreme Court in the cases of T.T. Antony vs. State of Kerala and Others, (2001) 6 SCC 181 and Amitbhai Anilchandra Shah vs. The Central Bureau of Investigation and Others, (2013) 6 SCC 348 as the impugned F.I.R. is nothing but a second F.I.R. as it has been registered on the basis of the material co

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