SATISH KUMAR Vs. A D CHATURVEDI

JUDGEMENT

(1.) On behalf of the applicant, this revision petition is preferred under Section 397 read with Section 401 of CrPC, being aggrieved by the order dated 26/08/2014, passed by Special Judge (constituted under Prevention of Corruption Act) and First Additional Sessions Judge, Guna in Private Complaint Case No.0/2013, whereby the private complaint filed by the applicant against the respondents No.1 to 5 has been dismissed after recording the statements under Sections 200 & 202 of CrPC on the ground that in the absence of sanction from the competent authority as per requirement of Section 19(1) of Prevention of Corruption Act in the light of decision of the Apex Court in the matter of Anil Kumar vs. M. K. Aiyappa, 2013 AIR SCW 5570, is not maintainable.

(2.) Applicant's counsel after taking us through the papers placed on record along -with the impugned order, argued that subsequent to passing the aforesaid order by the trial Court, he had approached the competent authority of State Government for grant of sanction to prosecute respondents No.1 to 3 - the public servants but such authority has refused to grant sanction to the applicant to prosecute those respondents. So, firstly he seeks permission to withdraw this revision petition till the extent of respondents No.1 to 3, with liberty to approach the appropriate forum under appropriate provision with appropriate proceeding against the order of State Government refusing to grant sanction to prosecute such respondents.

(3.) Till the aforesaid extent, revision petition is hereby dismissed as withdrawn as well as not pressed by extending a liberty to the applicant to approach the appropriate forum with appropriate proceeding permissible under the law against the order of the State authority refusing to grant sanction for prosecution of the respondents No. 1 to 3.