1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3923/2009 The State of Maharashtra Applicant Vs. Balwant S.Patil & Anr. Respondents Ms.S.V.Gajare,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 10th SEPTEMBER,2009 P.C. . This application for leave to appeal is filed challenging the order of acquittal against accused nos.1 and 2 from the offence punishable under section 7, 13(1) (d) r/w 13(2) of the Prevention of Corruption Act,1988 . Respondent no.1 / Accused no.1 was serving as Gramsevak and respondent no.2/Accused no.2 was serving as Clerk in Grampanchayat Uchgaon . The demand of illegal gratification of Rs.200/- was made. Accused no.1 has demanded the said amount through accused no.2 . The learned Special Judge has acquitted the accused on the point of valid and legal sanction. The sanction was granted to prosecute accused no.1 under section 7, 13(1)(d) r/w 13(2) and also under section 12 of the Prevention of Corruption Act. The sanction under section 12 of the Prevention of Corruption Act ought not to have been granted by the Sanctioning Authority and as 2 it was done so it is held that the Sanctioning Authority has failed to apply his mind. Hence sanction is vitiated. 2] Grant of sanction under section 19 is barred to take the cognizance and is very technical and hence the order passed by the learned Special Judge is just and legal. Leave rejected. (MRS.MRIDULA BHATKAR,J.)