NARESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the cases similar points were involved and as such, both the cases were heard together and are being disposed of by this common judgment.

(2.) CR. Misc. No. 10240 was filed for quashing of an order dated 8.12.1998 passed by Sri A.K. Pandey, Judicial Magistrate, Ist Class, Nawada in G.R. Case No. 1598 of 1996 / Tr. No. 385 of 2000 whereby the learned Magistrate had taken cognizance of offences under Sections 467 , 468, 471, 420, 120B of the Indian Penal Code and Section 48(2)(f) and Section 48(7) of the Bihar Finance Act (correctly Section 49) and directed for summoning the petitioner. After the order of cognizance the petitioner Rajendra Prasad approached this court by filing the aforesaid petition questioning the order of cognizance mainly on the ground of want of prosecution sanction. On 20.9.2000, while issuing notice to Opposite Party No. 2 this court directed that further proceeding in G.R. No. 1598 of 1996 / Tr. No. 385 of 2000 pending in the court of Judicial Magistrate, Ist Class, Nawada (Sri A.K. Pandey) shall remain in abeyance. Thereafter, on 28.3.2001, the case was admitted for hearing and it was directed that till final disposal of this application the interim order dated 20.9.2000 will continue and order of stay is still continuing.

(3.) SRI A.M.P. Mehta, learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer of the petitioners. It was submitted by SRI Mehta that so far sanction point is concerned this point can be raised during the trial of the case and only on the ground of non-availability of sanction order proceeding may not be set aside.