GAMBHIR SINGH PATEL Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition, under Section 482 of the Code of Criminal Procedure, for having the charge sheet and the corresponding proceedings pending as Special Case No. 1/10 before Special Judge (under the Prevention of Corruption Act, 1988) [for brevity 'the Act'], Sehore, quashed. In that case, cognizance of various offences against the Petitioners and the co-accused S.K. Bansal as can be tabulated herein under, was taken upon the charge sheet submitted by S.P.E. (Lokayukta) after due investigation into Crime No. 29/10 registered in its office at Bhopal - <FRM>JUDGEMENT_216_MPHT4_2011_1.html</FRM>

(2.) Prosecution story, in short, may be narrated thus -

(3.) After due investigation, on 27.07.2010, charge-sheet was submitted before the Special Court without obtaining sanction for prosecution of the Petitioner No. 1 as contemplated under Section 19(1) of the Act. However, cognizance of the offences was taken on 04.08.2010 whereas the Petitioner No. 1 continued to hold the office of Vice Chairman till 30.09.2010, the date on which he had tendered his resignation.