MAHENDRA SINGH Vs. SPECIAL ESTABLISHMENT OF POLICE

JUDGEMENT

(1.) Mr. M.K. Agarwal and Mr. Utkarsh Agarwal, Advocates for the petitioner.

(2.) The stand of the prosecution is that the sanction was granted on 03.11.2014 (page 20 of the present petition). But the petitioner asserts that in fact, the sanction was granted on 20th August, 2014 by the Member Secretary of M.P. Pollution Control Board. It is thereafter, the Lokayukt has raised objections on 1st September, 2014, which were replied by the M.P. Pollution Control Board on 12th September, 2014, when a draft order of sanction was also communicated to the Director General of Police, Lokayukt.

(3.) The learned counsel for the petitioner relies upon the Supreme Court judgment, Rajendra Prasad v. Narcotic Cell Through its Officer Incharge, Delhi, (1999) 3 SCR 818 and also a Single Bench judgment of Madras High Court rendered in Criminal O.P. No. 18107/2008 and 18108/2009 (M. Sripriya v. P.V. Kamakshidsan). On the other hand, the learned counsel for the respondent relies upon an order passed by the Supreme Court Mohd. Khalid v. State of West Bengal, (2002) 7 SCC 334 and also a Division Bench order of this Court passed on 8.2018 in M.Cr.C. No. 26900/2017 (Khoob Singh v. State of M.P.)