LAWS(ALL)-2016-2-238

BRAJENDRA KUMAR GUPTA Vs. STATE OF U.P.

Decided On February 26, 2016
Brajendra Kumar Gupta Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Amit Kumar Srivastava, learned counsel for the petitioner, Sri Imran Ullah, learned Additional Advocate General, learned counsel for CBI Sri N.I. Jafri, respondent no.3 as well as Sri Navin Sinha, Senior Advocate, assisted by Sri Shwetashwa Agarwal, learned counsel appearing on behalf of respondent no.4.

(2.) The instant petition has been filed with a prayer to issue writ, order or direction in the nature of Certiorari quashing the impugned order dated 21.11.2014 passed by Principal Secretary (Home), U.P. Government at Lucknow, respondent no.2 (hereinafter referred to as the Sanctioning Authority) whereby the sanction to prosecute the respondent no.4 Sri J. Ravindra Gaur, Senior Superintendent of Police, Aligarh has been refused in Case Crime No.571 of 2008 (Now Case Crime No.R.C. -053201050006), under Sections 302,201,120 -B IPC, police station CBI/SCB, Lucknow.

(3.) Further prayed to issue writ, order or direction in the nature of Mandamus commanding the respondent nos.1 and 2 to accord sanction for the prosecution of the respondent no.4 in the above noted case.