Shyam Mohan Tiwari vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 10776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2548 of 2023
 
Petitioner :- Shyam Mohan Tiwari
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Others
 
Counsel for Petitioner :- Dinesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Learned counsel for the petitioner has fairly submitted that he has gone through the judgments rendered by the Supreme Court in Dinesh Kumar Vs. Chairman, Airport Authority of India and another (2012) 1 SCC 532; C.B.I. Vs. Ashok Kumar Aggarwal (2014) 14 SCC 295; C.B.I. and others Vs. Pramila Virendra Kumar Agarwal and another (2020) 17 SCC 664 and Sukh Lal Yadav Vs. State of U.P. and others (2021) Law Suit (Alld.) 287, on the basis whereof learned A.G.A. has submitted that sanction of prosecution can only be challenged before the Trial Court as it is a question of evidence that can be looked into only during trial.

Prosecution sanction can only be challenged in writ jurisdiction on the grounds of absence of sanction and not on the grounds of invalidity of sanction.

Learned counsel for the petitioner submits that the writ petition may be dismissed as withdrawn with the liberty to the petitioner to approach the Trial Court.

This writ petition is accordingly dismissed as withdrawn with the liberty to the petitioner to approach the Trial Court and raise all grounds regarding invalidity of the sanction for prosecution before the Trial Court.

Order Date :- 11.4.2023

Rahul