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While allowing the petition filed by social activist A Alam Pasha questioning the order passed by the magistrate court, Justice John Cunha passed the order.
Pasha had filed the petition before the magistrate court, seeking directions to investigate the objectionable statement allegedly made by Hegde and Ravi on boycotting Tipu Jayanti under section 156 (3) of the CrPC
Observing that there are no allegations attracting the offenses under the Prevention of Corruption Act, Justice Cunha added that the question of obtaining sanction at the stage of referring a complaint about investigation under Section 156 (3) of CrPC does not arise.
The judge further observed that the need to obtain sanction from the competent government would arise after the completion of the investigation and not at the pre-cognizance stage, as he quashed the order passed by the magistrate on November 4, 2017.
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