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2023 (9) TMI 1483 - SCH - Indian LawsIssues involved: Application for exemption from filing O.T., validity of sanction under Section 227 CrPC, lack of appropriate sanction, "Failure of Justice" category. In the present case, the petitioner sought exemption from filing O.T., which was allowed by the court. The petitioner's counsel argued that the trial court did not find in favor of the respondent under Section 227 CrPC, but the High Court examined the issue of the validity of the sanction. It was noted that the respondent also raised the issue of lack of appropriate sanction in the discharge application. The petitioner's counsel emphasized that the case does not fall under the "Failure of Justice" category as established in previous judgments. Notice was issued, and the respondent's counsel accepted the same. The court directed the filing of a counter affidavit within four weeks and a rejoinder within two weeks thereafter, with the case to be listed after eight weeks.
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