RAMDAS GURU MAHAVIRDAS BHAVAJI Vs. PRAVINSINH SAMJUBHAI BABARIA

JUDGEMENT

(1.) HEARD learned counsels, Ms. Sejal K. Mandavia for the applicant-original complainant, Mr. A. M. Dagli for the respondent Nos. 1, 3 and 4-original accused Nos. 1,3 and 4 and learned Addl. Public Prosecutor for the State, Ms. Manisha Lavkumar in both the revisions.

(2.) LEARNED counsel for the original accused, Mr. Dagli has relied on (2004)2 SCC page 349 in the case of State of H. P. Vs. M. P. Gupta. Learned APP, Ms. Manisha Lavkumar has relied on (2009)6 SCC page 372 in the case of State of U. P. Vs. Paras Nath Singh and also 2007 (2) G. L. R. Vol. 48 Page 1762 in the case of Ishwarbhai Mohanbhai Rathod Vs. State of Gujarat and Others.

(3.) THIS Court has gone through the judgment and order passed by the learned Sessions Judge together with the judgments relied on by the learned counsels. It is found that the learned Judge has not discussed anything as far as the factual aspects are concerned, however, reproducing certain provisions regarding sanction and certain authorities cited by the learned counsels for the parties, came to the conclusion that sanction is required before initiating prosecution against the accused.