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2010 Supreme(MP) 276

RAKESH SAKSENA, SUSHMA SHRIVASTAVA
Mukesh Kacker – Appellant
Versus
Special Police Establishment – Respondent


ORDER

Rakesh Saksena, J.

1. Petitioner, an IAS Officer of M.P. Cadre, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings pending against him in Special Case No. 2/2005, before the Court of Special Judge (under Prevention of Corruption Act), Bhopal, for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.

2. Special Police Establishment, Lokayukt, Bhopal, filed charge-sheet on 18-1-2005 in the Court of learned Special Judge, Bhopal, in relation to offences registered at Crime No. 35/1998. As many as 14 accused persons were named in the charge-sheet. However, the charge-sheet was filed only against 10 persons. Since the sanction for prosecution was refused by the State Government as well as by the Government of India for the petitioner, he was not charge-sheeted. Learned Special Judge on the basis of chargesheet took cognizance of the offences on 18-1-2005.

3. At the relevant time, i.e., from 4-12-1995 to 2-11-1996 petitioner was posted as Managing Director of M.P. Urja Vikas Nigam. When charge-sheet was filed by the Specia































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