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2022 Supreme(MP) 368

SHEEL NAGU, VIRENDER SINGH
Raj Kumar Singh Tiwari – Appellant
Versus
State of M. P. – Respondent


Advocates:
Shivam Mishra for petitioner; Piyush Dharmadhikari, Government advocate, for respondents No. 1 to 4/State; Nityanand Mishra for respondent No. 5

ORDER

1. By this petition under Article 226 of the Constitution of India, the petitioner claiming himself to be the President of Raj Bhanu Singh Smarak College, Manikwar, Rewa (M.P.) prays for the following reliefs :

(I) A writ order or direction in the nature of mandamus thereby directing the respondent No.1 to grant necessary sanction for prosecution of respondent No.5 under the provisions of PC Act and IPC in the interest of justice.

(II) Any other appropriate writ, order or direction which the Hon’ble ourt may deem just and proper in the nature and circumstances of the case.”

2. The grievance of petitioner is that despite the petitioner having sought grant of sanction for prosecution from the competent authority i.e. respondent No.1 for initiating criminal prosecution against respondent No.5, no heed has been paid despite respondent No.5 allegedly being involved in financial irregularities. As such, the petitioner has sought issuance of a direction by way of a writ of mandamus to respondent No.1/the sanctioning authority to grant sanction to prosecute respondent No.5 for alleged offenses punishable under the relevant provisions of IPC and the Prevention of Corruption Act.

3. In

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