Shatrughan S/O Baburao Mandale vs State Of Maharashtra And Anr
2023 Latest Caselaw 747 Bom

                                                                                8-wp-3517-2022.doc

BDP-SPS-



 BHARAT
 DASHARATH
 PANDIT
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Digitally signed by
 BHARAT
 DASHARATH
                                         CRIMINAL APPELLATE JURISDICTION
 PANDIT
 Date: 2023.01.24
 14:49:36 +0530                      CRIMINAL WRIT PETITION NO. 3517 OF 2022

                       Shatrughan s/o Baburao Mandale                   ... Petitioner.
                                  V/s
                       The State of Maharashtra & Anr.                  .... Respondents.

                       Mr. Akshay Shah for the Petitioner.
                       Mr. V. B. Konde Deshmukh, APP for the Respondent-State.

                                            CORAM: NITIN W. SAMBRE &
                                                   R. N. LADDHA, JJ.

                                            DATE:     JANUARY 20, 2023


                       P.C.:-

                       1]       Petition is filed by the Complainant in Crime No.34 of 2016 for

offences punishable under Sections 7, 13(1)(d) with Section 13(2) of the Prevention of Corruption Act, 1988.

2] Son of the Petitioner was selected as a Police Constable, however accused-employee from the Home Department, Mantralaya has sought bribe. Accordingly, the officials from Anti Corruption Bureau trapped him red-handed while accepting bribe. Trap was conducted in 2016. However, it is claimed by the Petitioner that no prosecution is initiated against the accused as proposal is pending with the Department of Home, Mantralaya.

8-wp-3517-2022.doc

3] In the light of the judgment of the Apex Court in the matter of Subramanian Swamy Vs. Manmohan Singh and Another reported in (2012) 3 SCC 64 State is duty bound to decide the issue of sanction within a period of three months from the date of receipt of the proposal. However, it appears that for last seven years proposal is neither dealt with nor prosecution is initiated against the culprit.

4] In view of above, we direct the learned APP to waive notice for Respondent Nos. 1 and 2. It is further directed that copy of the present order be placed before the Additional Chief Secretary (Home) for appraising him of the issue. We expect response from Department of Home, Mantralaya in any case by 14th February, 2023 by placing on record Affidavit of the Officer not below the rank of Secretary.

5]    Stand over to 15/2/2023.



[ R. N. LADDHA, J. ]                      [ NITIN W. SAMBRE, J. ]