NARENDRA RAMKRISHAN BARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Shirish Gupte learned Senior Advocate for the Petitioner, Mr. Diwakar Dwivedi learned Advocate for Respondent No. 2 and Ms. Pallavi Dabholkar, learned APP for Respondent No. 1-State.

(2.) By this Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereafter "Cr.P.C."), the Petitioner assails the order dtd. 11/5/2005 ( hereafter "impugned order") passed by the Special Judge, Sessions Court for Greater Mumbai (hereafter 'Sessions Court') in Private Complaint No.75 of 2005, by which the Sessions Court allowed the application filed by Respondent No.2 under Sec. 156(3) of Cr.P.C. and directed the Investigation Officer to register an FIR and the consequent FIR No.17/2005 registered with the Anti-Corruption Bureau, Mumbai (hereafter "impugned FIR") for offences punishable under Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter "P. C. Act 1988"), and Ss. 465, 468, 471, 420 read with Sec. 120 (B) read with Sec. 109 of the Indian Penal Code, 1860 (hereinafter "IPC").

(3.) Rule in this Petition was issued on 18/12/2006 and the Petitioner was secured by an interim order.