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SCR.A/1677/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1677 of 2011
=========================================================
KISHORBHAI
DWARKADAS SODHA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MB PARIKH for
Applicant(s) : 1 - 2.
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/08/2011
ORAL
ORDER
Present
petition under Article 227 of the Constitution
of India has been preferred by the petitioners to quash and
set aside the impugned Judgement and Order dtd.11/11/2009 passed by
the learned Additional Sessions Judge, Amreli in Criminal Revision
Application No.3 of 2009 as well as order passed by the learned
Judicial Magistrate (First Class), Savarkundla below application
Ex.51 in Criminal Case No.648 of 2000 dtd.28/11/2008 in dismissing
the application submitted by the petitioners for discharge.
It
appears that at the relevant time, the petitioners submitted an
application for discharge on the ground that at the time when the
alleged offence was committed, they were public officers and
therefore, before prosecuting them, sanction was required, which was
not obtained. However, it appears that during the penedency of the
proceedings, sanction against the petitioners have already been
obtained, which is not disputed by the petitioners. Under the
circumstances, apart from the fact that there is a delay of more
than 2 years in preferring the present petition, even considering
the decision of the Hon’ble
Supreme Court in the case of Raghunath Anant Govilkar
Versus State of Maharashtra and others, reported in AIR
2008 S.C. (Supplementary) 1486, both the courts below
have rightly rejected the application submitted by the petitioners
for discharge. No case is made out to interfere with the impugned
judgement and orders passed by both the courts below in exercise of
powers under Article 227 of the Constitution
of India.
In
view of the above, there is no substance in the present petition,
which deserves to be dismissed and is accordingly dismissed.
[M.R.
SHAH, J.]
rafik
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