YOGENDRA KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed as Senior Manager (Production, Planning and Development) at the headquarters of U. P. Handloom Corporation Ltd, in Kanpur Nagar (in short, the Corporation). An order dated 27-2-2006 sanctioning his prosecution for an offence in Case Crime No. EOW (investigation)-184/99 arising out of Case Crime No. 143 of 1999 under sections 420, 467, 468, 471, 201, 120-B. I. P. C. read with Section 13(2) of Prevention of Corruption Act, 1988, PS Kakadeo, District Kanpur Nagar, has been challenged by means of his writ petition.

(2.) We have heard learned counsel for the parties.

(3.) The order dated 27-2-2006 (Annexure-22 to the writ petition) granting santion for the prosecution of the petitioner shows that it was based on documentary and oral evidence collected by the Economic Offences Wing. CBCID, Kanpur Nagar, which investigated the case. The sanction order mentions inter alia that Janata Sarees UP.5 and UP-14 which was dispatched to Bangalore and Madras, under the scheme for inter-State distribution was in violation of the Central Government guidelines, The said guidelines were concealed by the petitioner.