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2013 Supreme(All) 1862

VISHNU CHANDRA GUPTA
Shashikant Prasad – Appellant
Versus
State – Respondent


Advocates:
Counsel for the Applicant : Nandit Srivastava , Tapeshwar Kumar Maurya.
Counsel for the Opposite Party : Bireshwar Nath.

Vishnu Chandra Gupta, J.;—

1. Short question for consideration before this Court in this petition is-

Whether trial Court is competent to proceed with the case on the basis of deemed sanction to prosecute the accused,if prosecution sanctioned is not accorded by competent authority/State within the period of four months in terms of the direction issued by Apex Court in Vineet Narain and another Vs. U.O.I. and another (1998 SCC(Cri) 307) ?

2.Brief facts for deciding this petition under section 482 Cr.P.C. are that Central Bureau of Investigation ( for short "CBI") registered a case of criminal breach of trust, cheating, forgery, using forged documents as genuine, criminal conspiracy and criminal misconduct under Sections 409, 420, 467, 468, 471, 120-B of Indian Penal Code (for short 'IPC') and section 13(2) of Prevention of Corruption Act, 1988 (for short 'PC Act') against Mohammad Syed Kasim Raza and fifteen others for the alleged food grain scam. The CBI investigated the matter and submitted charge-sheet in this matter in the court of special Judge, Anti Corruption (West), U.P. Lucknow against the petitioner and others. CBI after conclusion of investigation asked for prosecution sanct
























































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