SHIVRAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jyotindra Mishra, learned Senior Advocate, assisted by Sri Kapil Mishra, learned counsel for the applicants, Sri Shiv Nath Tilhari, learned A.G.A.-I for the State and perused the material placed on record.

(2.) By means of instant application, the applicants have assailed the sanction orders dtd. 3/8/2010 and 3/3/2022 and entire proceedings in Sessions Trial Nos.1245 of 2010 and 13 of 2013 arising out of Case Crime No.30 of 2010 under Ss. 120B, 121, 121A, 420, 467, 468 I.P.C. and 13, 18, 20, 21, 23 (2), 38, 39, 40 UAPA (State Vs. Shivraj Singh and another) and (State Vs. Rajendra Kumar @ Arvind) relating to Police Station Kidwai Nagar, District Kanpur Nagar pending in the court of ASJ-3/Special NIA/ATS Court, Lucknow.

(3.) Factual matrix of the case is that on 8/2/2010, three persons, namely, Shivraj Singh, Rajendra Kumar @ Arvind Kumar and Kripa Shankar were arrested by Uttar Pradesh State Task Force team, headed by Sub Inspector Rajeev Dwivedi at 4.50 pm. The First Information Report was lodged at Police Station Kidwai Nagar on the complaint of Sub Inspector Rajeev Dwivedi. Thereafter, a letter was sent by Investigating Officer to DIG (ATS) on 7/7/2010 for grant of sanction of prosecution and the DIG (ATS) sent a letter on 12/7/2010 to the Secretary, Department of Home, Government of UP making a request for grant of sanction for prosecution.