LAWS(ALL)-1999-11-22

SHYAM SUNDER AGRAWAL Vs. STATE OF U P

Decided On November 29, 1999
SHYAM SUNDER AGRAWAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) J. C. Mishra, J. This revision is directed against the order dated 6-2-1984 passed by the Sessions Judge, Aligarh al lowing the revision and setting aside the order of discharge passed by the Judicial Magistrate, Aligarh by order dated 7-7-1983.

(2.) THE Judicial Magistrate in view of certain alleged infirmities held that the sanction for prosecution accorded by the District Magistrate is neither proper sanc tion nor a valid report as required by Sec tion 11 of the E. G. Act. It was observed that in the said order dated 8-7-82 according sanction for prosecution the name of the accused was not mentioned nor particulars about the case were written. THEre was also no mention of the control order which was allegedly breached. THE charge-sheet had not disclosed any authority under which it has been submitted nor this fact was mentioned in the sanction order.