LAWS(BOM)-2013-10-173

RAJESH SANTOSH THOMBRE Vs. STATE OF MAHARASTRA

Decided On October 14, 2013
Rajesh Santosh Thombre Appellant
V/S
STATE OF MAHARASTRA Respondents

JUDGEMENT

(1.) Heard Shri Anil S. Mardikar, the learned counsel for the petitioner/applicant, Mrs. K.S. Joshi, the learned Additional Public Prosecutor for the State and Shri S.M. Puranik, the learned counsel for the Municipal Corporation. Rule. Rule is made returnable forthwith.

(2.) The petitioner has filed Criminal Application No. 330/2012 praying that the First Information Report bearing Crime No. 3068/2003 for the offences punishable under Section 13(i)(e) and 13(H) of the Prevention of corruption Act read with Section 109 of the Indian Penal Code registered by the Police Station Officer, Police Station, Koradi against the petitioner be quashed.

(3.) The Criminal Writ Petition No. 500/2013 is filed by the petitioner praying that the resolution dated 18th May, 2013 under Subject No. 82 by which sanction is granted by the Commissioner, Nagpur Municipal Corporation to prosecute the petitioner be quashed and it be held that the Commissioner, Nagpur Municipal Corporation has no authority to grant sanction. The petitioner has prayed that it be held that the Commissioner, Nagpur Municipal Corporation has no power to review the earlier decision dated 20th August, 2007 by which the sanction to prosecute the petitioner was refused.