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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J
HARIBHAI KANUBHAI GADHAVI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. challenging the legality of prosecution sanction. (Para 3 , 4) |
| 2. importance of application of mind in sanction decisions. (Para 10 , 16) |
| 3. judicial review of authority's decision on sanction. (Para 11 , 14) |
| 4. final ruling quashing sanction order. (Para 17) |
ORAL JUDGMENT
1. Issue Rule returnable forthwith. Learned APP Ms.Mehta waives service of Rule on behalf of the respondent State. With the consent of the learned Advocates for the parties, the matter is taken up for final hearing today.
2. Heard learned Sr. Advocate Mr.I.H. Syed appearing with learned Advocate Mr.Jit Patel on behalf of the applicant and learned APP Ms.Mehta for the respondent State.
3. By way of this application, the applicant has inter alia challenged an order dated 3.4.2019 passed by the respondents, whereby the sanction to prosecute the applicant for the offences under the Prevention of Corruption Act as well as for the offences under IPC had been granted.
4. The present application is preferred in context of a submission made by the applicant that while there is no evidence against the present applicant, which would warrant grant of sanction to prosecute even otherwise, the order according sanc
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