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2014 Supreme(MP) 1090

S.K.GANGELE, B.D.RATHI
Ashok Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:Prashant Sharma, Advocate.
For the Respondents:Praveen Newaskar, Public Prosecutor, J.D. Suryavanshi and Vivek Jain, Advocates.

JUDGMENT

      1. Petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 against the order dated 07.01.2011 passed by the Special Judge (Prevention of Corruption Act), Guna (M.P.).

2. The private complaint was filed against the petitioner for lodging the offences related to the following Sections:

3. Under Sections 166, 167, 201, 409, 420, 467, 468, 471, 120B/34 of IPC, under Sections 11, 13(1) and (2) of the Prevention of Corruption Act and under the provisions of the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982.

4. The Special Court vide impugned order directed the Superintendent of Police, Lokayukt Organization, to conduct an enquiry and submit report to the Court in exercise of powers under Section 156(3) of the Code of Criminal Procedure.

5. The main contention of the learned counsel for the petitioner is that the court has no such power to order investigation without being sanction as required under Section 19(1) and 19(3) of the Prevention of Corruption Act, 1988.

6. The point raised in this petition is not res integra as has already been decided by Hon'ble Supreme Court in Anil Kumar and others Vs. M.K. Aiyappa and a





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