LALIT MOHAN SINGH MEHRA Vs. GOVIND SINGH

JUDGEMENT

(1.) By means of present criminal writ petition, the petitioner seeks a writ, order, or direction in the nature of certiorari, quashing the order refusing sanction dated 31st August 2012, passed by respondent no. 1. A writ in the nature of mandamus has also been sought commanding the respondent no. 2 to give sanction to prosecute Ms. Ravneet Cheema under Section 19 of the Prevention of Corruption Act, 1988.

(2.) Briefly put, the facts in the backdrop of present criminal writ petition, are as follows:- The FIR was lodged on 25.05.2010 and the investigation, conducted in pursuance thereof, resulted into the submission of charge sheet against Mr. Dixit only whereas the investigation remained pending against the Sub Divisional Magistrate. At the intervention of the court below, when the progress of investigation was sought regarding Ms. Cheema and her complicity in the crime, then a final report was submitted by the Investigating Officer, who in the final report, so filed, has submitted that though there is sufficient evidence available against Ms. Cheema, but the sanction to prosecute her was not accorded by the State, thus, he was constrained to file a final report in the matter.

(3.) Mr. N.K. Dixit, the clerk of Ms. Ravneet Cheema, the then Sub Divisional Magistrate, Koshiyakutoli, District Nainital, was caught red handed while accepting a bribe for changing the nature of land from agricultural to non-agricultural one. An FIR was lodged on 25.05.2010 and the investigation, conducted in pursuance thereof, resulted into submission of charge sheet against N.K. Dixit only, whereas the investigation remained pending against the then Sub Divisional Magistrate. At the intervention of the court below, when the progress of investigation was sought regarding Ms. Cheema and her complicity in the crime, then a final report was submitted by the Investigating Officer, who, in the final report so filed, submitted that though there is sufficient evidence available against Ms. Ravneet Cheema, but the sanction to prosecute her was not accorded by the State and, therefore, he was compelled to submit final report in the matter.