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BOMBAY HIGH COURT - BENCH AT NAGPUR
Vinay Joshi, J
Sanjay s/o Mahadeo Ingle – Appellant
Versus
State of Maharashtra through Anti Corruption Bureau – Respondent
| Table of Content |
|---|
| 1. background of the prosecution and the bribe demand. (Para 3 , 4) |
| 2. arguments on the validity of sanction for prosecution. (Para 6 , 7) |
| 3. court's view on the importance of valid sanction. (Para 8 , 9 , 10) |
| 4. court's reasoning on challenging validity of sanction. (Para 11 , 12) |
| 5. final ruling on the petition and order. (Para 13 , 14) |
RULE. Rule is made returnable forthwith.
2. Heard finally by consent of both the parties.
3. The petitioner raises a challenge to the order dated 30.06.2022, by which the Special Court has rejected application Exh. 56 claiming discharge. The petitioner (accused/Talathi) was facing the prosecution for the offence punishable under Sections 7 , 13(1)(d), 13(2) of the Prevention of Corruption Act (‘PC Act’). The petitioner has applied for discharge on account of invalid sanction to prosecute in terms of Section 19 of the PC Act, however the Trial Court has declined to discharge the petitioner. Hence, this petition.
4. The facts in brief are that the petitioner was appointed as a Talathi and posted in Khamgaon, District Buldana. The complainant’s father had purchased a piece of agricultural land in Khamgaon, Dist. Buldana. On 09.07.20
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