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State of Telangana vs. Sri Managipet @ Mangipet Sarveshwar Reddy – (SC)

42.00 4.20

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Prevention of Corruption Act, 1988–Sec. 17(c) & 13(1)(e)–Quashment of charge sheet with view that there was no authorization to register the crime and that the informant cannot be the Investigating Officer–SKS was reemployed for a period of one year by the State Govt. in exercise of powers conferred under Art. 162 of the Constitution of India–He was holding a civil post as his salary was being paid from the State Exchequer–He issued the authorization in favour of ‘Ch.S’ when he was performing his duties in public interest–Held, such authorization is valid and binding as if it was an act of an officer dejure–Further held, while deciding a petition u/s. 482, High Court could not have commented upon the nature of his employment–Impugned order is liable to be quashed.