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1950 Supreme(All) 138

RAGHUBAR DAYAL
R. R. CHARI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
D.P.UMYAL, K.B.ASTHANA

RAGHUBAR DAYAL, J.


( 1 ) SHRI R. R. Chari formerly Regional Deputy Iron and Steel Controller, U. P. Circle, Kanpur is being tried in the Court of a Magistrate first class for offences under Sections 161, 165, 465, 467, 471 and 109, Penal Code, and Section 120b, Penal Code, read with aforesaid sections and under rules 47 (2) (a) (b) and 81, Defence of India Rules.

( 2 ) ON 6th December 1948, the Provincial Government sanctioned under Section 196a (1) and (2), Criminal P. C. , his prosecution for the offences under Section 120b, Penal Code, and other offences.

( 3 ) ON 3lst January 1949, the Governor General of India sanctioned under Section 197, Criminal p. C. , his prosecution for the various offences.

( 4 ) THE same day the Central Government sanctioned under Section 6, Prevention of Corruption act (Act II [2] of 1947), the institution of criminal proceedings against him for acts which constituted offences under Section 161 and 165, Penal Code.

( 5 ) THE charge sheet against the accused was filed in Court on 25th March 1949.

( 6 ) IT would appear that the necessary sanction had been obtained prior to the submission of the charge sheet by the police against the applicant and that,









































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