Phool Singh Meena vs Union Of India
2021 Latest Caselaw 17815 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 6496/2021

Phool Singh Meena

----Petitioner Versus Union Of India

----Respondent

For Petitioner(s) : Mr. Kuldeep Mathur For Respondent(s) : Mr. A.R. Choudhary, PP assisted by Ms. Kamla Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

26/11/2021

By way of filing the present criminal misc. petition, challenge

has been made to the order dated 05.12.2019 passed by the

General Manager (HR) Allahabad, Bank Head Office, Kolkutta,

whereby the prosecution sanction under Section 19 of the PC Act

has been granted against the petitioner to prosecute him under

the penal provisions of Indian Penal Code and Prevention of

Corruption Act.

Learned counsel for the petitioner submits that a bare

perusal of the order impugned would reveal that it has been

passed without application of mind and scrutinizing the material

placed before the sanctioning authority. He submits that in the

entire order there is not a single word from which it can be

observed that the order has been passed after due application of

mind, which is sine-qua-non to pass prosecution sanction order.

Learned counsel places reliance upon the judgment passed by the

(2 of 2) [CRLMP-6496/2021]

Hon'ble Supreme Court in the case of Mansukh Lal Vithal Das

Vs. State of Gujarat reported in 1997 (7) SCC 622

Heard, considering the submissions made by learned counsel

for the petitioner and the law as propounded by the Hon'ble

Supreme Court in the judgment rendered in the case of Mansukh

Lal Vithal Das (supra).

The matter requires consideration.

Issue notice to the respondents, returnable within four

weeks.

In the meanwhile, the effect and operation of impugned

dated 05.12.2019 shall remain stayed.

(FARJAND ALI),J

169-Arun/-

Powered by TCPDF (www.tcpdf.org)