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