SANJAY KUMAR SRIVASTAVA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court vested in terms of Section 482 of CrPC for seeking quashment of proceedings initiated by the Court of learned Judicial Magistrate Srinagar (the trial court) in respect of case challan bearing File No.7041015/2020 as also the order dated 27th November 2020 passed therein whereby cognizance of the offence under Section 420 RPC read with Section 120-B has been taken and the petitioner has been summoned for facing prosecution.

(2.) Impugned order dated 27th November 2020 has been assailed by the petitioner primarily on the ground that the trial court could not have taken cognizance of the offences allegedly committed by the petitioner as public servant in the absence of sanction for prosecution having been granted by the competent authority.

(3.) Learned senior counsel argues that as a matter of fact, the competent authority after going through the record placed before it by the prosecution declined the sanction for prosecution and therefore it was not available to the investigating officer to produce the challan before the trial court nor the trial court could have taken any cognizance in the matter.