1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION APPA) NO. 330 OF 2011 ( State of Mah. thr Dy. Supdt. of Police Anti Corruption Bureau Gadchiroli Vs. Dr. Smt. Sujata Prakash Gupta) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri N. R. Rode APP for applicant. CORAM: M. N. GILANI J. DATED: 9th JUNE, 2011. . Heard learned APP for the applicant. Perused the judgment delivered by learned Special Judge Gadchiroli acquitting the respondent-accused. Copies of the deposition of witnesses have been gone through. It seems that the learned Special Judge found fault with the prosecution for not examining the brother of the complainant. In fact all the 5 material witnesses were examined by the prosecution. Although no question was put to P. W. 4 Jamil Ahamad who investigated the case, learned Special Judge observed that at the time of investigation he was holding the post of Police Inspector and hence entire investigation is vitiated. While observing so the learned Special Judge ignored the proviso to Section 17(c) of Prevention of Corruption Act, 1988. Leave is granted. Admit. 2 Action under Section 390 Criminal procedure Code. Bailable warrant in the sum of Rs. 3000/- (Rupees Three Thousand Only) be issued returnable after 8 weeks. JUDGE svk