AVINASH DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE petitioner has filed this petition under Article 226 of the Constitution of India, being aggrieved by the sanction order dated 23.2.2013 Annex. A/1 passed by the Law and Legislative Department of Madhya Pradesh granting sanction for prosecution of the petitioner for the offence of section 420,467,468,471,120 -B and 34 of the IPC and section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (in short 'the Act'). Such sanction has been given by such department in connection of crime No.43/10 registered by Lokayukta, Bhopal.

(3.) PETITIONER 's counsel after taking us through the averments of the petition as well as the aforesaid sanction order and the other papers placed on the record argued that in the available facts and circumstances of the matter before passing the aforesaid order granting sanction for prosecution of the petitioner some opinion was requisitioned from the department of the petitioner and such department has not recommended the matter to grant such sanction for prosecution, in spite that, contrary to such recommendation, without considering the question involved in the matter the aforesaid sanction has been given by the authorities of respondent No.2. In continuation, he said that in view of the recommendation of the department not giving sanction for prosecution of the petitioner, the impugned sanction was not sustainable and prayed for quashment of the same by admitting and allowing this petition.