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