H.M. AGARWALA Vs. STATE OF U.P.

JUDGEMENT

(1.) The writ petition has been filed against the judgment and order dated 28.03.1990 passed by IInd Additional Sessions Judge, Ghaziabad by which the opposite party no. 2 rejecting the application of the petitioner that Section under Section 6 of the Prevention of Corruption Act, 1947 granted for his pros- ecution in Special Trial No. 02 of 1988 State Versus Hari Mohan Agarwal un- der Section 191 I.P.C. and Section 5 (2) of Prevention of Corruption Act, 1947 with request that sanction against the petitioner is not proper because it is not given by the removing authority as such the Court cannot take cognizance of the offence allegedly committed by him.

(2.) Brief facts of this case are as follows:-

(3.) Section 6 of the Prevention of Corruption Act, 1947 says that:-