Moolchandra Choubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 418 MP

                                                                           1                                MCRC-478-2022
                                              The High Court Of Madhya Pradesh
                                                       MCRC No. 478 of 2022
                                                    (MOOLCHANDRA CHOUBEY Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 07-01-2022
                                             Shri Jagat Singh, learned counsel for petitioner.

                                             Shri Abhijeet Awasthy, learned counsel for respondent.

Learned counsel for petitioner while assailing the order of learned trial Judge dismissing an objection raised as regards the tenability of the order of grant of sanction for prosecution submits that the order of grant of sanction for prosecution dated 04.05.2016 (Annexure-P/2) has been issued by the Chief Municipal Officer,

Municipal Council Luv-Kush Nagar, District Chhatarpur, who is not the Appointing Authority of the petitioner who holds the post of Safai Daroga in the said Council.

Learned counsel for petitioner also relied upon the decision dated 09.03.2017 passed in Criminal Revision No.1157/2016 (Heeralal Mishra (Pyasi) Vs. State of M.P.).

Another ground has been raised that the order of grant of sanction for prosecution is a non-speaking order.

Let the counsel for prosecution seek instructions at least on the legal issue whether the CMO is competent Appointing Authority or not.

Let the case diary be produced.

Learned counsel for petitioner is also directed to bring on record the resolution of the President-in-Council dated 06.04.2016.

Learned counsel for petitioner submits that the final arguments in the trial are fixed for tomorrow and, therefore, the judgment may be pronounced very soon.

Meanwhile, it is directed that till the next date of hearing the arguments may be heard but the judgment in Special Case No.7/2016 pending before the Special Judge Prevention of Corruption Act, Chhatarpur shall not be pronounced.

List on 12/01/2022.

                                       (SHEEL NAGU)                                                   (SUNITA YADAV)
                                           JUDGE                                                          JUDGE

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Date: 2022.01.07 18:28:38 IST