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2016 (6) TMI 340 - HC - Indian LawsOffence of criminal conspiracy and the offences under the Prevention of Corruption Act - requirement of sanction under Section 197 Cr.P.C - charge under Section 120-B IPC and Sections 7, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Held that:- No sanction under Section 197 Cr.P.C. was required in the present case as the offences alleged against the petitioner cannot be said to be done in the discharge of his official duties to claim the protection as provided under Section 197 Cr.P.C. Contention raised by the learned Senior Counsel for the petitioner regarding protection of the petitioner as per Section 6-A of the DSPE Act; contention regarding non-holding of preliminary enquiry by the CBI before registration of FIR; contention regarding the manner in which the raid was conducted; contention regarding absence of demand and acceptance of bribe by the petitioner; contention regarding the fact that the alleged conversation attributed no role to the petitioner; contention regarding statement of approver Pankaj Bajaj cannot be used against the petitioner; contention regarding missing chain of circumstances in the present case and the contention regarding the fact that despite having no evidence against the petitioner, the charges have been framed against him by the Trial Court culminates into non-interference in the order passed by the Trial Court as the disputed facts cannot be made the basis for quashing, the order on charge and the charge framed, in a petition under Section 482 Cr.P.C. as the same are subject matter of the Trial Court to be determined on the basis of evidence led by the parties.
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