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Arun Kumar Aggarwal vs. State of M. P. (SC)

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Code of Criminal Procedure, 1973–Sec. 482–Prevention of Corruption Act,1988–Secs. 13(1-d) & 13(2)–Quashing of the order given by special judge–Justification–Closer report submitted by police–Special Magistrate declined to accept the report and made observation for obtaining the prosecution sanction–Directions were quashed and set aside by High Court on the ground that such direction could not be given by special Magistrate–Held, refusal to accept the final closure report is ony ratio decidendi of the order and the other part of the order which deals with the initiation of challan proceedings cannot be treated as the direction issued by the special Judge–Order could not be taken up seeking necessary sanction to prosecute the accuseds persons–Order was not in the nature of command or authoritative instruction–High Court was not justified in quashing the observations made by special Judge.