MUKESH KACKER Vs. SPECIAL POLICE ESTABLISHMENT
LAWS(MPH)-2010-3-94
HIGH COURT OF MADHYA PRADESH
Decided on
March 29,2010
MUKESH KACKER
Appellant
VERSUS
SPECIAL POLICE ESTABLISHMENT, LOKAYUKT OFFICE, BHOPAL
Respondents
Referred Judgements :-
SHREEKANTIAH RAMAYYA MUNIPALLI VS. STATE OF BOMBAY [REFERRED TO]S A VENKATARAMAN V D JHINGAN VS. STATE:STATE OF UTTAR PRADESH [REFERRED TO]
C R BANSI VS. STATE OF MAHARASHTRA [REFERRED TO]
HARIHAR PRASAD VS. STATE OF BIHAR [REFERRED TO]
RAM LAL NARANG OM PRAKASH NARANG VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
R S NAYAK PADMAKAR BALKRISHNA SAMANT VS. A R ANTULAY:ABDUL REHMAN ANTULAY [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
K VEERASWAMI VS. UNION OF INDIA [REFERRED TO]
HABIBULLA KHAN VS. STATE OF ORISSA [REFERRED TO]
KALICHARAN MAHAPATRA VS. STATE OF ORISSA [REFERRED TO]
STATE OF KERALA VS. V PADMNABHAN NAIR [REFERRED TO]
STATE OF KERALA VS. M M MANIKANTAN NAIR [REFERRED TO]
BALAKRISHNAN RAVI MENON VS. UNION OF INDIA [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. M P GUPTA [REFERRED TO]
DILAWAR SINGH VS. PARVINDER SINGH [REFERRED TO]
STATE OF ORISSA VS. SAROJ KUMAR SAHOO [REFERRED TO]
PARKASH SINGH BADAL VS. STATE OF PUNJAB [REFERRED TO]
PAUL VARGHESE VS. STATE OF KERALA [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. A RAVISHANKAR PRASAD [REFERRED TO]
Cited Judgements :-
DILIP PARULEKAR VS. ADVOCATE AIRESH RODRIGUES [LAWS(BOM)-2018-6-165] [REFERRED TO]JUDGEMENT
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(1.)Petitioner, an IAS Officer of M.P. Cadre, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings pending against him in Special Case No. 2/2005, before the Court of Special Judge (under Prevention of Corruption Act), Bhopal, for the offences punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.
(2.)Special Police Establishment, Lokayukt, Bhopal, filed charge-sheet on 18-1-2005 in the Court of learned Special Judge, Bhopal, in relation to offences registered at Crime No. 35/1998. As many as 14 accused persons were named in the charge-sheet. However, the charge-sheet was filed only against 10 persons. Since the sanction for prosecution was refused by the State Government as well as by the Government of India for the petitioner, he was not charge-sheeted. Learned Special Judge on the basis of charge- sheet took cognizance of the offences on 18-1-2005.
(3.)At the relevant time, Le., from 4-12-1995 to 2-11-1996 petitioner was posted as Managing Director of M.P. Urja Vikas Nigam. When charge-sheet was filed by the Special Police Establishment, the petitioner was a member of Indian Administrative Service.
(2.)Special Police Establishment, Lokayukt, Bhopal, filed charge-sheet on 18-1-2005 in the Court of learned Special Judge, Bhopal, in relation to offences registered at Crime No. 35/1998. As many as 14 accused persons were named in the charge-sheet. However, the charge-sheet was filed only against 10 persons. Since the sanction for prosecution was refused by the State Government as well as by the Government of India for the petitioner, he was not charge-sheeted. Learned Special Judge on the basis of charge- sheet took cognizance of the offences on 18-1-2005.
(3.)At the relevant time, Le., from 4-12-1995 to 2-11-1996 petitioner was posted as Managing Director of M.P. Urja Vikas Nigam. When charge-sheet was filed by the Special Police Establishment, the petitioner was a member of Indian Administrative Service.
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