BALBHADRA PARASHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal, by special leave, the appellant has called in question the legal propriety of the order dated 25.07.2014 passed by the Division Bench of the High Court Madhya Pradesh at Jabalpur, Gwalior Bench in M.Cr.C. No. 4277 of 2014 whereby the High Court has declined to interfere in the petition preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the CrPC") wherein the grant of sanction was called in question.

(2.) The facts, in a nutshell, are that the appellant was a Manager of the Primary Agriculture Credit Co-operative Society, Village Pipraua, District Gwalior. On the basis of allegations made, a case under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, "the 1988 Act") was registered against him. After investigation it was found that he had secured assets and property of L 1,05,44,604/- and, accordingly, sanction was sought to launch prosecution against him, and it was granted. As the factual matrix would reveal, the trial court proceeded and charges were framed against him. The order of framing the charge was assailed in a Writ Petition which stood dismissed.

(3.) In the petition under Section 482 CrPC it was contended before the High Court that the sanction to prosecute the accused had not been granted in accordance with law as there had been no application of mind. The High Court, after hearing the learned counsel for the parties, has held as under:-