VED PRAKASH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This revision petition is filed against the order of the Special Judge dated 8th January, 2003, whereby the learned court while exercising its power under Section 390 Cr.P.C. gone on to direct the prosecution agency to obtain sanction for prosecution against Ved Prakash and Suresh Kumar Kaushik.

(2.) It is submitted by counsel for the petitioners that the order directing the prosecution to seek sanction is in the nature of a direction to the sanctioning authority to grant sanction. He submits that the court should have left it open to the prosecution to place all material available before the sanctioning authority to apply its mind to the question of grant of sanction in view of the findings of the court.

(3.) The submissions of counsel for the petitioner appears to be reasonable. The court should not have directed the prosecution to abtain sanction which in effect is a directive to the sanctioning authority to grant sanction. Obviously the charges cannot be framed without sanction having been obtained, I therefore set aside the judgment under challenge to the effect where it has directed the prosecution to approach the competent authority for sanction against Ved Prakash and Suresh Kumar Kaushik.