Prakash S/O Chandrashekhar Suryawanshi And Another v. The State Of Maharashtra, Through The Police Inspector, A.C.B. Buldana And Another

cwp.393.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.393 of 2014 (Prakash Chandrashekhar Suryawanshi and another vs.

The State of Maharashtra, through Police Inspector, A.C.B., Buldhana and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Abhay Sambre, Advocate for the Petitioners. Mr. S.S. Doifode, A.P.P. for Respondent No.1/State.

CORAM

: V.M. DESHPANDE, J.

DATE : AUGUST 21, 2015.

Heard Mr. Sambre, learned Counsel for the petitioners and Mr. Doifode, learned A.P.P. for the State. In the present petition, the petitioners are challenging the rejection of their application [Exh.40] in Special Case No.1/2005. By the said application, a prayer was made for deciding the issue as to the sanction as a preliminary issue. The order of sanction is already filed on record before the learned Special Judge, who is trying the case against the petitioners under the Prevention of Corruption Act. It is not the case of the petitioners that there is no sanction. According to the petitioners, the sanction is not given by the competent authority.

The charge is already framed by the Trial Court and the case is already posted for evidence. The learned Trial Court

cwp.393.14 2/2 has also observed in the order impugned that the validity of the sanction order will be considered after the evidence of the sanctioning authority is adduced. Since the charge is already framed and the case is already posted for recording the evidence, I see no reason to interfere in the order impugned at this stage.

Hence, the writ petition is rejected.

JUDGE *sdw