CHHOTE LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the material brought on record.

(2.) This petition has been filed by the petitioner with a prayer to quash the order dated 08.01.2019 passed by the Director, Social Welfare Department, U.P. Lucknow-respondent no. 2, whereby sanction has been accorded for prosecution of petitioner in Crime No. 16 of 2016, under Sections 419, 420, 467, 468, 471, 409, 120-B IPC read with 13 (2) of Prevention of Corruption Act, Police Station Kotwali Nagar, District Etah.

(3.) Sri Ojha, learned Senior counsel has submitted that petitioner is first informant of the case and no case is made out against him as major amount alleged in the incident has been released on the forged documents in conspiracy with bank employees by putting forged signatures and even the FIR was lodged by the petitioner. Meanwhile, the amount in question has also been recovered. It was further submitted that earlier an order dated 07/9.05.2014 was passed under Section 197 Cr.P.C. by the Director, Social Welfare, U.P. Lucknow, whereby sanction was not granted and the review of the same was not permissible under law and, therefore, the impugned order is against law and not sustainable. It was also pointed out that earlier, on wrong advise, petitioner has filed an application under Section 482 Cr.P.C. against the impugned order, which came to be dismissed by this Court vide order dated 31.05.2019, however, as chargesheet was not submitted by that time, thus, application under Section 482 Cr.P.C. was not maintainable. It was further submitted that no notice was given to the petitioner before passing the impugned order and, thus, principles of natural justice have been violated while passing the impugned order.