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2009 Supreme(SC) 840

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
State of M. P. – Appellant
Versus
Virendra Kumar Tripathi – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted. These appeals are inter linked and are therefore disposed of by this common judgment. Challenge in these appeals is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, questioning the order dated 3.10.2002 passed by a learned Special Judge and First Additional Sessions Judge, Indore framing charges in relation to accusations under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act,1988 (in short the `Act').

2. A revision petition was filed by Virender Kumar Tripathi (hereinafter referred to as the `accused'). The State through Special Police Establishment, Lokayukt Office, Indore filed charge sheet against the accused alleging that during the period of 1.1.1980 to 1.1.1990 while serving as Ranger in Forest Department of the State of Madhya Pradesh he acquired assets disproportionate to the known sources of income. At the time of framing charge the accused took the stand that he was liable to be discharged as the investigation was not conducted by the authorized police officer as required under Section 17 (second proviso) of the Act. Further sanction was not accorded i















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