VISHWANATH YADAORAO SARANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule is taken up forthwith and heard by consent of the both the parties.

(2.) THIS criminal revision application is directed against the order dated 24-7-2002, passed by the Judge of Special Court, Washim, below Exhibit 27, in Special Case No. 4/1998, whereby the learned Judge has rejected the application of the applicant/accused, seeking discharge from the offences punishable under sections 7, 13 (l) (d) read with section 13 (2) of the Prevention of corruption Act, 1988 (hereinafter referred to as 'the Act' ).

(3.) THE learned Counsel for the applicant contended that the applicant was initially appointed as an Extension Officer, (Social Welfare), Zilla Parishad, amravati and was subsequently promoted as Block Development Officer, panchayat Samiti, Manora by order dated 28/05/1993. He contended that Crime No. 83/1997 was registered against the applicant for trie offences enumerated above, on the allegations that he was apprehended while accepting bribe. The Divisional Commissioner, Amravati Division, Amravati, suspended the applicant on 19-9-1998. A Special Case No. 4/1998 was filed and the applicant has filed an application for discharge on the ground that sane-tion to prosecute the applicant was not obtained, as is required under section 19 of the said Act. He contended that the said application was erroneously rejected by the trial Court.