OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner Om Prakash was working as senior assistant in the District Hospital, Pilibhit. A FIR was lodged against him under Section 409, IPC on 24-3-1999 alleging that he committed misappropriation of Rs. 1,78,504.00 while discharging his duties. The case was investigated and, thereafter, papers were sent to the Directorate of Medical and Health, Lucknow, for granting sanction for his prosecution. The Director (Administration), Medical and Health by his order dated 16-10-2000 granted sanction for the prosecution of the petitioner under Section 409, IPC in Case Crime No. 100 of 2000. The present writ petition under Article 226 of the Constitution has been filed for quashing of the said order.

(2.) Shri S. P. Singh learned counsel for the petitioner has submitted that the petitioner Om Prakash did not himself misappropriate any public funds and on the contrary money was taken from him by the Chief Medical Officer on the pretext of official expenditure who did not give any receipt or voucher for the same and himself misappropriated the amount. In support of this submission reference has been made to certain letters which were allegedly written by the petitioner to the Chief Medical Officer copies of which have been filed along with the petition. The main submission of Shri Singh is that the offence of criminal misappropriation is not at all established against the petitioner and he is wholly innocent and therefore the order granting sanction deserves to be quashed.

(3.) In the present writ petition the petitioner has challenged the order by which sanction has been granted for his prosecution under Section 409, IPC as contemplated by Section 197, Cr. P. C. The proceedings have yet to commence before the Court and no order passed by a Court is subject-matter of challenge. The question which requires consideration is on what grounds an order granting sanction can be challenged at the very initial stage before the parties had any opportunity to lead evidence in support of their case.