SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(MP) 689

SHEEL NAGU, DEEPAK KUMAR AGARWAL
Mahendra Kumar Dubey – Appellant
Versus
Economic Offence Wing, Gwalior – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nipun Saxena.
For the Respondent: Naval Kishor Gupta.

JUDGMENT :

1. Revisional powers of this Court u/S.397 r/w 401 Cr.P.C. are invoked seeking quashment of order dated 29.01.2021 by which learned Special Judge [Prevention of Corruption Act], Bhind (M.P.) in Case No. 01/2021 Special (E.O.W.) while declining to accept the closure report submitted by the prosecution in connection with offences punishable u/S.420 IPC and u/Ss.7, 13(1)(c)(d) & 13(2) of Prevention of Corruption Act (“PC Act” for brevity), has taken cognizance of said offences against the petitioner by holding that since the petitioner has superannuated in 2016, the need to seek prior sanction of the Sanctioning Authority u/S.19 of PC Act, gets obviated.

2. The challenge in this petition has though been made on merits of the allegations in the charge-sheet qua offences punishable u/S.420 IPC and the aforesaid provisions under the PC Act, but learned counsel for petitioner has restricted his challenge to the ground that the impugned order of taking cognizance is passed in violation of the amended provision of Section 19 PC Act.

2.1 Learned counsel for petitioner primarily submits that after the amendment in PC Act, in particular Sec.19 w.e.f. 26.07.2018, the definition of “Publ

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top