1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 639/2008 Narendra Martandrao Deshmukh vs. State of Maharashtra ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 6.6.2008 Heard Mr. Anil Mardikar, learned counsel for the applicant and Mr. Sonak, learned A.P.P. for the respondent. 2. By this application under Section 482 of Cr.P.C. the applicant takes exception to the order dated 20.4.2007 by which the application for discharge filed by the applicant before the Special Judge, Akot in Special Case No. 2/05 has been rejected. 3. Before framing of the charge against the applicant, the applicant filed application dated 4.4.2007 for discharge on the ground that the sanctioning authority had not applied its mind. The said application was rejected by order dated 20.4.2007. Thereafter, the applicant moved another application dated 30.1.2008 alleging that the sanction granted was bad and, therefore, the applicant could not be tried for the offence under the Prevention of Corruption Act. The said application was dismissed on the ground that it was not maintainable since the applicant had already filed the application dated 4.4.2007 which was rejected. 2` 4. Mr. Mardikar, the learned counsel for the applicant seeks leave to withdraw the application with liberty to raise point of sanction in the course of the trial. The application is allowed to be withdrawn with liberty to the applicant to raise the point of sanction during the course of the trial and if sanction is challenged by the applicant, the Special Judge trying the offence shall deal with the same on merit while deciding the case. The application stands disposed of. 5. Interim order dated 7.3.2008 stands vacated. The applicant shall appear before the trial Court on 8th July, 2008 at 11.00 a.m.. The learned trial Court shall dispose of the matter expeditiously. Judge patle 3`