Shri Kant Pandey vs The State Of U.P.Through ...
2012 Latest Caselaw 1880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 381 of 2001
 

 
Petitioner :- Shri Kant Pandey
 
Respondent :- The State Of U.P.Through C.B.I.Lko.
 
Petitioner Counsel :- Nandit Srivastava
 
Respondent Counsel :- G.A.,Bireshwar Nath
 

 
Hon'ble Ravindra Singh,J.

Heard Sri Nandit Srivastava, learned counsel for the revisionist and Sri B. Nath, learned counsel appearing for C.B.I.

This revision has been filed against the order dated 24.8.2001 passed by learned Special Judge, (Anti Corruption), Central U.P. Lucknow in Criminal Case no. 36 of 1996 whereby the application challenging the order of the sanction for the prosecution was rejected.

From the perusal of the impugned order dated 24.8.2001 it appears that in the present case the objection has been filed by the revisionist in respect of the sanction accorded for the prosecution. The sanction was accorded by Deputy Collector (P/V), Central Excise, Kanpur on 28.12.1992 for the prosecution of the revisionist in an offence punishable under section 5(1)(e) Prevention of Corruption Act (Act-II of 1947) 4957) corresponding section 13(1)(e) of Prevention of Corruption Act, 1988. The issue of the sanction may be raised at the stage of the trial. It is not proper to express any opinion on the sanction accorded for prosecution on 28.12.1992. Therefore, without expressing any opinion on the merit of the case, the prayer for quashing the order dated 24.8.2001  is refused.

However, it shall be open to the revisionist to raise the issue of the sanction before the Sessions Trial at appropriate stage.

Interim order dated 21.9.2001 staying the further proceedings in criminal case No. 36 of 1996 pending in the court of learned Special Judge, Anti Corruption (Central), Lucknow is hereby vacated.

Accordingly this revision is disposed of.

Order Date :- 17.5.2012

RPD