Kamlakar S/O Sharad Visale vs State Of Mah. Thr. Anti Corruption ...
2021 Latest Caselaw 11715 Bom

                                                                                                             7apl 309.2020.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                              Criminal Application (APL) No. 309/2020

                                        Kamlakar s/o Sharad Visale
                                                   ..VS..
                                       State of Maharashtra and anr.
-----------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Ms. Falguni Badani h/f. Shri S.V. Sirpurkar, Advocates for the
                                          applicant
                                          Shri S.D. Sirpurkar, APP for the non-applicant no. 1/State


                                           CORAM :              MANISH PITALE, J.

DATED : 24/08/2021

In this application, the applicant has placed reliance on the judgment of Hon'ble Supreme Court to contend that there was no fresh material before the sanctioning Authority to have taken a second look at the question of grant of sanction to prosecute the applicant. It is contended that Court below was not justified in taking the view that the matter deserves to go to trial. It is for the prosecution to demonstrate as to what material was available with the sanctioning Authority, when the sanction was refused not once, but thrice.

2. In the present case, before ultimately issuing the sanction on 25.03.2013, reply filed on behalf of the non-applicant no. 1/State does not refer to the material on record pertaining to the question of grant of sanction to

SMGate

7apl 309.2020.odt

prosecute the applicant.

3. In this backdrop, learned APP seeks time to file additional-affidavit to place on record the relevant material.

4. The additional-affidavit be filed within a period of three weeks from today, list thereafter.

JUDGE

SMGate