G G A NAIDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. 2 This petition is pending for final disposal since long. The petition has been filed on 26-1-1993. 3shri Naidu challenged the order of trial Court connected with a prosecution which is pending before the Special Judge of City Civil and Sessions Court, Mumbai and his prosecution also on following main grounds. . The sanction granted for previous prosecution as well as the present prosecution happens to be bad in law.

(2.) WHEN, by the order of this Court as first Special Case was transferred to Special Judge, at Nagpur and he had discharged Shri G. G. A. Naidu from the charge which was levelled against him, the prosecution (C. B. I.) did not have any authority to prosecute him again by filing a case against him in the Court of Special Judge, City Civil and Sessions Court, Mumbai on the same grounds and under the same count.

(3.) THE prosecution has not furnished him with all documents, which are concerned with this case since long and therefore, he has been prejudiced in his defence. 3as trial is pending since number of years, this Court be pleased to quash the said prosecution.