Bhagwati Prasad vs State Of U.P.Through C.B.I.,Lko.
2012 Latest Caselaw 1913 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 326 of 2001
 

 
Petitioner :- Bhagwati Prasad
 
Respondent :- State Of U.P.Through C.B.I.,Lko.
 
Petitioner Counsel :- Nandit Srivastava,Bhagati Prasad
 
Respondent Counsel :- B.Nath,Govt.Advocate
 

 
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 31.7.2001 passed by learned Special Judge, (Anti Corruption), Central U.P. Lucknow in Criminal Case no. 10 of 2000 whereby the application challenging the order of the sanction for the prosecution was rejected.

From the perusal of the impugned order dated 31.7.2001 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 Commissioner of Income Tax Lucknow on 6.7.2000 for the prosecution of the revisionist in an offence punishable under section 7 and 13 (2) read with section 13(1)(d) 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 6.7.2000. Therefore, without expressing any opinion on the merit of the case, the prayer for quashing the order dated 31.7.2001  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 12.9.2001 staying the further proceedings in criminal case No. 10 of 2000 pending in the court of learned Special Judge, Anti Corruption (Central), Lucknow is hereby vacated.

Accordingly this revision is disposed of.

Order Date :- 18.5.2012

RPD