BHUPENDRA SINGH BHATI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is second visit of the applicant to this Court against the sanction of prosecution issued by Managing Director of Anusuchit Jati Vitta Vikas Nigam.

(2.) The Competent Authority by earlier order dt. 24.11.2016 opined that no case is made out for grant of sanction. Thereafter, by order dated 18/07/2019, sanction was granted. This subsequent order granting sanction was assailed by filing an application before the Court below which was not properly decided and Court below rejected the same by order dated 28/02/2020. This order was called in question in the first round before this Court in MCRC No.12760/2020 which was decided on 12/02/2021 (Annexure P/10). This Court set aside the said order dated 28/02/2020 and directed the Court below to take a fresh decision on Annexure A/5. In turn, the Court below has considered Annexure A/5 and passed the impugned order dated 14.09.2021 (Annexure P/11).

(3.) , Learned counsel for the applicant submits that indisputably, the subsequent sanction order was basesd on the same material. The subsequent sanction order could not have been passed in view of various judgments of Supreme Court cited by the applicant before the Court below. The Court below although mentioned the judgments so cited before it, did not deal with any of the said judgments. The application was dismissed on the basis of a recent Division Bench judgment of this Court in Sabit Khan vs. State of MP (WP No.7818/2021). It is submitted that the Court below should have assigned some reasons as to why the judgments cited by the applicants did not suit the Court below and were not treated to be on the point and as to why the judgment on which reliance is placed in the operative para squarely covers the case.