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2011 Supreme(MP) 848

R.M.LODHA, H.L.GOKHALE
Dinesh Kumar – Appellant
Versus
Chairman, Airport Authority of India – Respondent


Advocates:
Deepak Bhattacharya and Navin Prakash for appellant; H.P. Raval, Additional Solicitor General, P.K. Dey, Gourav Sharma, Arvind Kr. Sharma, Praveen Jain and Akshat Kulshreshta for respondents.

JUDGMENT

R.M. Lodha, J. -- 1. Leave granted. The appellant is being prosecuted for the offences punishable under section 13 (2) read with sections 13 (1) (d) and 13 (1) (a) of the Prevention of Corruption Act, 1988 (for short ‘the PC Act”).

2. On 4.11.2009, the sanctioning authority granted sanction to prosecute the appellant for the offence indicated above. After the sanction order was challenged by the appellant in the High Court on 26.11.2009, the charge-sheet has been filed by the Central Bureau of Investigation (CBI), Respondent 2 against the appellant on 30.11.2009 in the Court of the Special Judge, Ernakulam. Following that, summons came to be issued to the appellant on 18.12.2009. During the pendency of the matter before the High Court, wherein the sanction order has been challenged by the appellant, the Court of the Special Judge has taken cognizance against the appellant.

3. The Single Judge of the High Court was not persuaded with the contentions raised by the appellant and dismissed the appellant’s writ petition on 19.7.2010. Against the order of the Single Judge, the appellant preferred an intra-court appeal. The Division Bench of the High Court dismissed the intra-court

















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