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may 2011

Supreme Court of India · 2011-05-18

M.P. State vs Pradeep Kumar Gupta

Citation / case number
AIR 2011 SUPREME COURT 2334
Court
Supreme Court of India
Petitioner
M.P. State
Respondent
Pradeep Kumar Gupta
Author
A.K. Ganguly
Bench
Deepak Verma, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court overturned the High Court's decision that quashed the sanction for prosecution against Sh. Pradeep Kumar Gupta, an Engineer in the Municipal Corporation of Ujjain, on the grounds that the High Court failed to consider relevant facts. The Court clarified that under Section 86 of the Madhya Pradesh Municipalities Act, 1961, Gupta was appointed by the State Government and remained under its control, thus validating the sanction for prosecution. The Court held that the High Court's conclusions were not warranted in law or fact, reinstating the prosecution sanction.

M.P. State vs Pradeep Kumar Gupta · Niyam