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CHHATTISGARH HIGH COURT
Rahul Chaturvedi, J
Arvind Kumar Chaturvedi v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. challenge to sanction order. (Para 1 , 2) |
| 2. arguments against the prosecution sanction. (Para 3 , 4) |
| 3. legal background on past sanction refusals. (Para 5 , 6 , 7) |
| 4. supreme court case law and its implications. (Para 8 , 9 , 10) |
| 5. importance of new evidence for sanctions. (Para 11 , 12 , 13 , 14) |
| 6. final decision and allowance of petition. (Para 15 , 16) |
1. By this petition, the petitioner seeks to challenge the order No. 1-05 / PD - EK / 313(1) / 228, dated 5-2-2010 (Annexure P / 1) passed by the Executive Director (Human Resources) Chhattisgarh State Power Holding Company Limited, Raipur whereby sanction to prosecute the petitioner under the provisions of S.13(1)(e) and S.13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act, 1988') has been granted and the corrigendum No. 1-5 / PD - EK / 313(1) / 522 dated 6-3-2010 (Annexure P / 2), addressed to the Inspector General of Police, And Corruption Bureau / Economic Offence investigation Bureau, communicating the information of grant of sanction to prosecute the petitioner.
2. The facts, in nutshell, as projected by the petitioner is that the petitioner was the employee of the then Chhattisgarh State E
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