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HIGH COURT FOR THE STATE OF TELANGANA
SRI. D.R.G.REDDY – Appellant
Versus
THE STATE OF A.P., THRU CBI, VISAKHAPATNAM – Respondent


ORDER:

This Criminal Revision Case, under Sections 397 & 401 of Code of Criminal Procedure, 1973, is filed by the petitioner- accused, challenging the order, dated 30.09.2008, passed in Crl.M.P.No.180 of 2008 in C.C.No.11 of 2007, by the Special Judge for CBI Cases, Visakhapatnam, whereby, the discharge petition filed by the petitioner was dismissed.

2. Heard the learned counsel for petitioner-accused, the learned Special Public Prosecutor for CBI cases and perused the record.

3. Learned counsel for the petitioner-accused would submit that the finding of the learned Special Judge is not based on facts of the case. The prosecuting agency had not placed the entire material before the sanctioning authority. The prosecuting agency did not file the statements recorded under Section 164 Cr.P.C. If the statements recorded under Section 164 Cr.P.C. are placed before the sanctioning authority, the said authority ought not to have accorded sanction against the petitioner. It is also contended that the sanction was obtained before filing of the charge sheet. Further, it is contended that a few members of the association have deposited an amount of Rs.4,000/- each in Savings Bank Account No.39 of

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