OM PRAKASH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing for the State.

(2.) THIS application has been filed for quashing the first information report of Civil Line P.S. Case No. 258. of 1997 registered for offence under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code.

(3.) DURING the pendency of this application, counsel for the State was directed to file counter affidavit on this point, whether the charge -sheet has been submitted and sanction has been accorded for prosecution of the petitioner who is a Government servant. From the counter affidavit, it is apparent that charge -sheet has not been submitted and so far the sanction for prosecution under Section 197 of the Cr.P.C. is concerned, that has also not been accorded till the date. In this case instituted in the year 1987, even charge -sheet has not been submitted. Sanction for prosecution is also not there by the competent authority. Counsel for the petitioner has placed reliance on decision of the Supreme Court reported in 2002 Vol. 1 PLJR 530 (Mahendra Lal Das vs. State of Bihar) wherein FIR of the case relating to corruption was quashed as despite expiry over 12 years, respondents -State had not granted sanction. It has been submitted that in the case of the petitioner more than 19 years have passed and the case is still pending at the stage of investigation.