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New Delhi, March 29 (). The Supreme Court has dismissed Lt Col Prasad Purohit’s plea challenging the Bombay High Court’s refusal to discharge him in the Malegaon blast case. The Malegaon blast took place in 2008 and Colonel Purohit’s role in it was suspected. Purohit had told the High Court that sanction of the Army was not taken for the prosecution under Section 197(2) of the CrPC.
A bench of Justices Hrishikesh Roy and Manoj Mishra said that the challenge before it was the order of the High Court which held that sanction under Section 197(2) of the CrPC was not required to prosecute the petitioner as he was accused The conduct is not related to any of his official duties.
“Having perused the grounds of the impugned judgment, we do not see any reason to interfere with the same and accordingly, the special leave petition is not entertained,” the bench said.
However, the apex court made it clear that the trial court should not be influenced by the observations of the High Court order. Dismissing the appeal filed by Purohit, the bench observed, “As we are informed that the trial against the petitioner is ongoing, the observations made in the impugned order with a view to examining the issue of sanction, the prosecution in the proceedings before the trial court or that there should be no adverse effect on the defendant.
The Bombay High Court had dismissed Purohit’s discharge plea in the 2008 Malegaon blast case. He had moved the high court challenging the framing of charges against him in the blast case by the special National Investigation (NIA) court.
He argued that sanction under Section 197(2) of the CrPC was not taken from the Indian Army to prosecute him in the blast case. Purohit had argued that the framing of charges was not valid.
PK/SKP
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