Naresh Chand Meena S/O (Late) Sh. ... vs State Of Rajasthan
2022 Latest Caselaw 140 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 3162/2021

 Naresh Chand Meena S/o (Late) Sh. Bharosi Lal Meena
                                                                   ----Petitioner
                                    Versus
 State Of Rajasthan
                                                                 ----Respondent

For Petitioner(s) : Mr. Anurag Sharma, through VC. For Respondent(s) : Mr. Arvind Kumar, PP.

Mr. Rajendra Yadav, for complainant, through VC.

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2022

By way of criminal misc. petition, challenge has been made

to the order dated 19.12.2020 passed by the Superintendent of

Police, Shriganganagar whereby he has accorded prosecution

sanction against the petitioner in relation to FIR No. 245/2020

registered at police station CPS Anti Corruption Bureau, Jaipur and

all other consequential proceedings in furtherance thereof

including the order dated 04.01.2021 whereby the learned Special

Judge proceeded to take cognizance of offence.

Learned counsel for the petitioner submits that there were

no sufficient grounds to reach on a conclusion regarding the

complicity of the petitioner in crime, the material was not

sufficient enough for the issuance of prosecution sanction. The

authority has granted prosecution sanction on a draft submitted

by the investigating agency. Counsel further submits that the draft

submitted by the investigating agency along with application for

(2 of 2) [CRLMP-3162/2021]

granting sanction is the same and as such the Superintendent of

Police has not applied his mind before granting the sanction. He

submits that application of mind is sine-qua-non before granting

sanction. He submits that from the perusal of the draft provided

by the Agency and the order whereby the sanction was granted it

would reveal that the authority has simply appended his signature

as submitted by the agency. The only change as has been made is

the name has been filled in the blank area, signature were

appended at blank space, He further places reliance on the

judgments passed by the Hon'ble Supreme Court in the cases of

State of Karnataka versus Ameerjan in Criminal Appeal No.

166/2001 decided on 18.09.2007, Mansukhilal Vithaldas

Chauhan versus State of Gujarat in Criminal Appeal No. 502

of 1993 decided on 03.09.1997, Subhash Bhatia versus

State of Rajasthan in Civil Petition No. 590/2010 decided

on 10.12.2010 and Manish Mathur versus State of

Rajasthan and Anr. in Civil Writ Petition No. 12684/2012

decided on 19.12.2012.

The matter requires consideration.

Issue notice to the respondents.

Learned Public Prosecutor is directed to file reply as to why

the instant criminal misc. petition may not be allowed.

List after eight weeks.

In the meanwhile, further proceeding in FIR No. 245/2020

registered at police station CPS Anti Corruption Bureau, Jaipur

shall remain stayed.

(FARJAND ALI),J

PREETI VALECHA /28

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