BACHCHA PRASAD 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 2/2/2022 and entire proceedings in Sessions Trial Nos.1265 of 2010 and 1265A of 2010 arising out of Case Crime No.74 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. Bachcha Prasad Singh and others) relating to Police Station Nauhasta, District Kanpur Nagar pending in the court of Special NIA/ATS Court, Lucknow as well as further proceedings of the case.

(3.) Factual matrix of the case is that on 8/2/2010, applicants Bachcha Prasad @ BR, Navin Prasad Singh, Rajendra Das @ Ambarish including two other co-accused persons, namely, Banshidhar @ Chintan and Deepak Ram were arrested by Uttar Pradesh State Task Force team, headed by Sub Inspector Rajeev Dwivedi at 10/0/11.00 am. The First Information Report was lodged at Police Station Naubasta on the complaint of ASP Manoj Kumar Jha of U.P. S.T.F. Thereafter, a letter was sent by Investigating Officer to DIG (ATS) Headquarter Lucknow on 7/7/2010 for grant of sanction of prosecution and the DIG (ATS) sent a letter to the Secretary, Department of Home, Government of UP making a request for grant of sanction for prosecution.