RISHI PRAKASH GAUTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This common order shall govern disposal of Cr.R. Nos.1578/2016, 227/2017 and 238/2017.

(2.) These criminal revisions under Section 397 of Cr.P.C. has been preferred against the order dated 23.11.2016 passed by Special Judge (under the Prevention of Corruption Act, 1988 for short 'the Act of 1988') Indore, in Special Case No.08/2015, whereby the learned trial Court has rejected the application preferred by the applicants under Section 227, 197 of Cr.P.C.

(3.) The applicants Jagdish Dagaonkar and Rishi Prakash Gautam filed these revisions mainly on the grounds inter alia that there was no prima facie case to frame charges against them under various sections, and therefore, the impugned order should be set aside and they should be discharged from offence for which, they were charged by the trial Court. It was also submitted by them that no valid sanction was obtained to prosecute them under various provisions of IPC as the sanction was given by Law and Legislative Department of Government of Madhya Pradesh while their parent department is different. No sanction was obtained from their parent department.