ABHAI RANJAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, Senior Advocate, assisted by Sri Syed Imran Ibrahim, learned counsel for the petitioner and Ms. Manju Thakur, learned A.G.A.

(2.) Petitioner, a mining officer, is a public servant, by the instant writ petition, is seeking quashing of the order dtd. 22/6/2017, communicated by the Additional Chief Secretary, Government of U.P., Lucknow, granting sanction of the Hon'ble Governor under Sec. 19 of the Prevention of Corruption Act, 1988 (for short 'Act 1988') for prosecution of the petitioner. In the order, it is noted that petitioner while performing his duties as a mining officer was arrested in a trap case accepting bribe at Rs.25,000.00. Pursuant, thereof, the learned court of Additional District and Sessions Judge/Special Judge, Prevention of Corruption Act, Court No. 2, Bareilly, has taken cognizance in case being Special Case No. 12 of 2014, State Versus Dr. Abhai Ranjan, arising from Case Crime No. 455 of 2014, under Sec. 7/13 1(d) and 13(2) of the Act, 1988, vide order dtd. 8/4/2021.

(3.) The petitioner, herein, had raised objections before the learned trial court regarding the validity of the sanction order on the ground that earlier the Government had declined to grant sanction vide order dtd. 21/9/2016, therefore, the Government was not competent to review its order by the subsequent impugned sanction order dtd. 22/6/2017. The trial court rejected the objections vide order dtd. 8/4/2021.