STATE OF MAHARASHTRA Vs. GURUDAS

JUDGEMENT

(1.) Heard Mr. M.K. Pathan, the learned APP for the applicant/State, Mr. R.R. Vyas, the learned counsel for respondent 2 and 4 and Mr. P.V. Navlani, the learned counsel for respondent 3.

(2.) The State of Maharashtra is assailing the order dated 25.10.2018, rendered by the learned Additional Sessions Judge, Nagpur in Special Case 26/2018, whereby the respondents (hereinafter referred to as the "accused") are discharged from offences under sections 420, 109 of the Indian Penal Code ("IPC") and sections 13(1)(c)(d) read with section 13(1)(b) of the Prevention of Corruption Act ("Act" for short) solely on the ground that in view of the amended provisions of section 17-A of the Act, the Court is precluded from taking cognizance of the offences in the absence of previous approval from the State Government.

(3.) The learned Additional Sessions Judge reasons thus: