LAXMINARAYAN RAMBABUDEO MURAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21-5-1984 passed by the Special Judge, Mandsaur in Special Case No. 1 of 1980 whereby when the case was progressing at evidence stage the prosecution's application for permission for production of sanction for prosecution required under the Prevention of Corruption act, 1947 (for short the Act') has been allowed.

(2.) IN the instant case the alleged offence was committed on 16-6-1979. Challan was ready on 30-6-1979 but was filed in January 1980. Charges were framed on 7-4-1980 and the application in question was filed on 25-11-1980 stating that sanction had already been accorded in 1979 prior to the challan having been filed and due to over-Sight it could not be filed along with the challen.

(3.) REFERRING to the decision in State of Rajasthan vs. Daulatram (AIR 1980 SC 1314) and the decisions in Mohd Iqbal Ahmed vs. State of A. P. (AIR 1979 SC 677)and state of Rajasthan vs. Tarachand Jain (AIR 1973 SC 2131), the learned Special Judge holding that sanction was in fact in existence on the date the challan was filed, passed the impugned order.