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1998 Supreme(Mad) 366

S.M.SIDICKK
Mohamed Asif – Appellant
Versus
State represented by Additional Superintendent of Police, C. Branch, CID, on other Duty in CB-CID, Chennai – Respondent


Advocates:
Mr. S. Suresh Kumar, Advocate for the Petitioner. Mr. M. Babumuthumeeran, Government Advocate for the Respondent.

Judgment :

1. This is an application filed by the petitioner of 4th accused to stay all further proceedings in C.C.No.4/97 on the file of XIII Additional Judge, City Civil Court (Special Judge), Madras pending disposal of Crl.R.C.No.952 of 1997.

2. The learned counsel for the petitioner contended that the petitioner of 4th accused was a public servant on the date of taking cognisance of the case by the Special Judge, and the Court should not have taken cognisance of the offences for want of previous sanction under Section 19 of the Prevention of Corruption Act of 1988, and in these circumstances all the proceedings in C.C.No.4 of 1997 on the file of XIII Additional Judge, City Civil Court (Special Judge) at Madras should be stayed pending disposal of Crl. Revision Case No.952 of 1997.

3. The learned Government Advocate opposed this stay petition by stating that there is a clear bar to grant stay under Section 19(3)(b) and (c) of the Prevention of Corruption Act of 1988, and so this stay petition has to be dismissed.

4. The matter was examined in detail by me by giving due considerations to the points raised by both the counsel. After hearing the rival contentions of both the









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