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2022 Supreme(MP) 399

SHEEL NAGU, DWARKADHISH BANSAL
Baini Prasad Chansoriya (Shri) – Appellant
Versus
The State of Madhya Pradesh – Respondent


Advocates:
Ahsok Lalwani and Brahmanand Pandey for applicant;
Abhijeet Awasthy for Lokayukt

ORDER

Nagu, J. -- 1. Revisional jurisdiction of this Court u/S.397 of Cr.P.C. is invoked by this petition to assail final order dated 21.6.2021 (Annexure-P/8) passed in UNCR (Unregistered Case) No.109/2021 by Special Judge (PC Act), Chhatarpur rejecting an application u/S 156(3) of Cr.P.C. preferred by petitioner in his capacity as District President of Madhya Pradesh Rajya Patrit Adhikari Sang alleging offences punishable u/S 13 of the Prevention of Corruption Act, 1988 (PC Act) and u/Ss. 420, 467, 468 and 471 read with section 120-B of IPC against respondent Nos.6 & 7 herein.

2. Reason assigned by learned Special Judge for rejecting the application u/S 156(3) of Cr.P.C. is want of sanction for prosecution by the competent authority in the light of law laid down by apex Court in Anil Kumar and others v. M.K. Aiyappoa and another, [(2013) 10 SCC 705].

3. Learned counsel for rival parties are heard at length on the question of admission so also final disposal.

4. The undisputed attending facts herein are as follows :

(i) The offence alleged in the application u/S 156(3) of Cr.P

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