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Mansukhlal Vithaldas Chauhan vs State Of Gujarat on 3 September, 1997

NC: 2026:KHC:21692 CRL.A No. 95 of 2013 HC-KAR CBI Vs Ashok Kumar Aggarwal, Mansukhlal, Vithaldas Chauhan Vs State of Gujarat, Ameer Jan Vs State of Karnataka supra. The principles laid down in the said judgments regarding accused being entitled to raise the issue with regard to validity of the sanction even at the stage of appeal cannot be disputed. The further principle laid down in the said judgments with regard to requirement of application of mind by the sanctioning authority also cannot be disputed. The argument of learned Senior counsel for accused in the instant case with reference to the sanction order is with reference to the deposition of the PW7 found at paragraph 6 which read as under:
Supreme Court of India Cites 21 - Cited by 499 - S S Ahmad - Full Document

The State Of Karnataka vs C. Lasumanaik S/O Chandya Naik on 22 June, 2017

19. Learned counsel for the accused relied upon the judgment of the Co-ordinate Bench of this Court in the case of State of Karnataka Vs C.Lasumanaik in Criminal Appeal No.100230/2015 dated 22.06.2017 wherein the Co- ordinate Bench of this Court at paragraph 15 has held that "the defence of the accused that he never demanded the bribe amount and it was forcibly thrusted into his hand by the complainant himself and during the course of the proceeding it has come on record that the accused insisted the Investigation Officer to seize/produce the tape recorder, which will go to prove his defence. It is his consistent case that had the prosecution produced the tape recorder before the Court, it would have been established that he never demanded the bribe amount and therefore non production of the tape recorder also taken away the opportunity of the defence to prove his defence." Referring to this observation of Co-ordinate Bench of this Court and learned Senior counsel vehemently submitted, even the instant case, had the prosecution produced the tape recorder, it would have revealed the actual conversation that had taken place between the complainant and the accused persons. Perhaps to hide or shield this evidence, the
Karnataka High Court Cites 13 - Cited by 0 - B R B - Full Document
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