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HIGH COURT OF MADHYA PRADESH
Shri Baini Prasad Chansoriya – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Bramha Nand Pandey,Advocate General

Revisional jurisdiction of this Court u/S.397 of Cr.P.C. is invoked by

this petition to assail final order dated 21.06.2021 (Annexure-P/8) passed in

UNCR (Unregistered Case) No.109/2021 by Special Judge (PC Act),

Chhatarpur rejecting an application u/S 156(3) of Cr.P.C. preferred by

petitioner in his capacity as District President of Madhya Pradesh Rajya Patrit

Adhikari Sang alleging offences punishable u/S 13 of the Prevention of

Corruption Act, 1988 (PC Act) and u/Ss. 420, 467, 468 and 471 read with

Section 120-B of IPC against respondent Nos.6 & 7 herein.

2.

Reason assigned by learned Special Judge for rejecting the application

u/S 156(3) of Cr.P.C. is want of sanction for prosecution by the competent

authority in the light of law laid down by Apex Court in Anil Kumar and

others Vs. M.K. Aiyappoa and another, (2013) 10 SCC 705.

3.

Learned counsel for rival parties are heard at length on the question of

admission so also final disposal.

4.

The undisputed attending facts herein are as follows:

(i)

The offence alleged in the application u/S 156(3) of Cr.P.C. are based

on incidents which took place in the year 2012 (Prior to 28.07.2016

when Section 17-A was brought on the statute

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