Sabit Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2495 MP

                                                                         1                                   WP-7818-2021
                                              The High Court Of Madhya Pradesh
                                                         WP-7818-2021
                                                    (SABIT KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    2
                                    Jabalpur, Dated : 17-06-2021
                                             Heard through Video Conferencing.
                                             Shri Anshuman Singh, learned counsel for the petitioner.
                                             Shri Piyush Dharmadhikari, learned Govt. Advocate for the respondent

No.1/State.

Shri Abijeet Awasthy, learned counsel for the respondent No.2.

Learned counsel for the respondent No.2 has raised a preliminary objection by submitting that the challenge to the order of sanction for prosecution cannot be raised at this stage by filing a writ petition and in support of his submission, he has placed reliance upon the judgment of Supreme Court in the matter of State of Madhya Pradesh Vs. Virender Kumar Tripathi (2009 (15) SCC 533) and Central Bureau of Investigation Vs. Ashok Kumar Aggarwal (2014 (14) SCC 295).

Shri Dharmadhikari, learned Govt. Advocate has also supported the submission by placing reliance upon the judgment of Supreme Court in the

matter of Subramanian Swamy Vs. Manmohan Singh and another (AIR 2012 SC 1185).

Learned counsel for the petitioner prays for time to examine the same and advance argument.

List in next week.

                                        (PRAKASH SHRIVASTAVA)                                   (VIRENDER SINGH)
                                               JUDGE                                                    JUDGE


                                    Biswal




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Digitally signed by SHIBA NARAYAN BISWAL Date: 2021.06.18 15:25:39 IST