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2017 Supreme(MP) 961

HEMANT GUPTA, H.P.SINGH, V.K.SHUKLA
Arvind Jain – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Applicants : Manish Datt, Siddharth Kumar Sharma, Ashok Chaurasiya and Sanjay Kumar Patel
For the Respondent: Mrs. Namrata Agrawal

ORDER :

Vijay Kumar Shukla, J.

The Division Bench of this court in M.Cr.Case No. 17270/2016 (Bhawana Kale v. State of M.P.) doubted the correctness of earlier order of Division Bench in M.Cr.Case No. 9915/2015 (Ravindra Kumar Dubey v. State of Madhya Pradesh) and the matter was referred to the Larger Bench. However, when the matter was placed before the Full Bench, it was held that the question of law has not been formulated for its opinion and the petitioner had moved an application to withdraw the petition, therefore, the Full Bench did not address on merit and the matter was ordered to be placed before the Division Bench. On 08-09-2017, when the matter was placed before the Division Bench, this court formulated the following question of law, which is required to be decided by this Larger Bench:-

"Whether in view of Section 3 of Madhya Pradesh Special Police Establishment Act, 1947, the police has jurisdiction to investigate and conduct trial for the offences under the Prevention of Corruption Act, 1988?"

2. Before we advert to question of law to be answered by this Bench, it is pertinent to mention here that in the case of Ravindra Kumar Dubey v. State of Madhya Pradesh (supra), the












































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