TILAK RAJ MEHANDIRATTA Vs. STATE

JUDGEMENT

(1.) The present revision petition is directed against the order dated 19/03/2010 dismissing the application that the petitioner had filed for ascertaining whether Mr. Madhukar Gupta, Vice -Chairman in DDA had given sanction for prosecution and why the said sanction was not placed on record and why Mr. Madhukar Gupta's name was mentioned in the list of witnesses supplied to the accused. It was alleged in the application that the prosecution changed the sanction order and changed the witnesses and this had caused miscarriage of justice.

(2.) The present petition itself is not maintainable as the order passed by the learned trial court dated 19/03/2010 is an interlocutory order. Further, on merits also there is no justification and reason to interfere with the impugned order.

(3.) The charge sheet was filed in the court on 23/11/2005 along with the sanction order passed by Mr. Dinesh Rai, the then Vice-Chairman, DDA which was received alongwith covering letter dated 26/10/2005. Copy of the charge sheet was supplied to the accused on 05/12/2005 including copy of the sanction order passed by Mr. Dinesh Rai. On 20.02.2007, Mr. Dinesh Rai, PW-1 was cross- examined by Mr. H.R. Taneja, advocate for the accused. No objection was raised at the time of cross examination of Mr. Dinesh Rai, the sanctioning authority that the copy of the sanction order was not served on the accused.