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2025 Supreme(Online)(Chh) 6033

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
VINAY KUMAR GUPTA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPCR/513/2024



2025:CGHC:776-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 513 of 2024 Vinay Kumar Gupta S/o Gaurishankar Gupta Aged About 55 Years R/o Village - Jarhadih, Post - Maharajganj, District - Balrampur-

Ramanujganj, Chhattisgarh ... Petitioner Digitally signed versus by ANURADHA ANURADHATIWARI TIWARI D 20a 2te 5: .01.07

1 1 +7 0-: 55 35 0:0 4State of Chhattisgarh Through Secretary, General Administration Department, State of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District - Raipur Chhattisgarh

2 - State of Chhattisgarh Through Principal Secretary, Department of Law And Legislative Affairs, State of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District - Raipur Chhattisgarh

3 - Additional Director General (Police) Economic Offence Wing/ Anti- Corruption Bureau, Head Quarter, Telibandha, Raipur District - Raipur Chhattisgarh

4 - Superintendent of Police Economic Offence Wing/ Anti-Corruption Bureau, Head Quarter, Telibandha, Raipur District - Raipur Chhattisgarh 5 - Inspector State Economic Offences Wing And Anti-Corruption Bureau Raipur, Unit Ambikapur, District - Surguja Chhattisgarh

6 - Munshi Ram S/o Magaru Ram Aged About 42 Years R/o Post - Sanawal, Tahsil - Ramanujganj, District Balrampur Ramanujganj Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Sushil Dubey, Advocate For State : Dr. Saurabh Kumar Pande, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, Chief Justice

06.01.2025

1. Heard Mr. Sushil Dubey, learned counsel for the petitioner. Also heard Dr. Saurabh Kumar Pande, learned Deputy Advocate General, appearing for the State.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to directing to the Respondent No. 1 and 2 to produce all the gazette notifications issued by the Central or State Government in connection with Prevention of Corruption Act, 1988 read with the Amendment Act 2018 regarding 1. Declaration of Office of Anti-Corruption Bureau Ambikapur as a Police Station or Chowki, 2. Conferring of power on a police officer of the rank of Inspector to Investigate the cases under the Act, 1988, 3. After Amendment Act, 2018, the gazette notifications issued in respect of sanction of prosecution, before the learned Trial Court.

10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to directing to the Respondent No. 1 and 2 to submit an affidavit to the effect when no gazette notification has been issued by the Central or State Government in connection with Prevention of Corruption Act, 1988 read with the Amendment Act 2018 regarding 1. Declaration of Office of Anti-Corruption Bureau Ambikapur as a Police Station or Chowki, 2. Conferring of power on a police officer of the rank of Inspector to Investigate the cases under the Act, 1988, 3. After Amendment Act, 2018, the gazette notifications issued in respect of sanction of prosecution, before the learned Trial Court.

10.4 That, this Hon'ble Court may kindly be pleased to issue direction to the learned Court to consider the documents/gazette notification or affidavit in the criminal case bearing Special Sessions Case (Corruption) No. 01/2021 which is pending before the Court of Special Court (Prevention of Corruption Act) Balrampur, Place- Ramanujganj (CG) in connection with the Crime No. 01/2021 registered by the State Economic Offence Wing (EOW)/Anti-

Corruption Bureau, Raipur.

10.5 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners.”

3.

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