SMT. BHAWANA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Through this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Bhavna has approached this Court for assailing the order (Annexure-5) dated 08.08.2016 issued by the State Government under Section 197 Cr.P.C. granting sanction for prosecution of the petitioner for the offences under Sections 420, 166, 167 and 197 IPC.

(2.) Whilst, the petitioner has principally assailed the impugned sanction order on the ground that the same was passed with total non-application of mind and that the relevant evidence collected by the investigating officer was not even barely considered before issuing such sanction, the respondents, by filing a detailed reply have justified the sanction order claiming that the petitioner has concealed material facts while filing the writ petition. The State Government has issued a charge-sheet to the petitioner under Section 38 of the Panchayati Raj Act in relation to the very same allegations which form the crux of the sanction order. This fact was concealed by the petitioner while filing the writ petition. It is further pointed out in the reply that the sanction authority, duly applied its mind to the entirety of facts before it before passing the impugned sanction order.

(3.) Shri Mahaveer Vishnoi learned counsel representing the petitioner, relied upon the Hon'ble Surpeme Court's decision in the case of Mansukhlal Vithaldas Chauhan v. State of Gujarat, reported in AIR 1997 SC 3400 and this Court's judgment dated 15.04.2015 passed in S.B. Civil Writ Petition No. 1138/2012 (Ganga Ram v. State of Rajasthan and Ors.) and vehemently urged that the order granting sanction is verbatim the same as the recommendation forwarded by the proposing officer to the sanctioning authority and hence, manifestly, the sanction order suffers from the vice of non-application of mind to material facts and thus, the same is liable to be quashed and set aside.