Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the appeal filed by the appellant-State. The Criminal Misc. Case was filed seeking grant of leave to prefer an appeal against the judgment and order dated 19.4.2007 passed by V Additional Sessions Judge, Sitapur, whereby the accused-respondent was directed to be acquitted of the charges relatable to Sections 409 and 468 of the Indian, Penal Code, 1860 (in short `IPC). The only factor which weighed with the High Court in refusing grant of leave to appeal was that the person who granted sanction for initiation of the criminal proceedings was not the authority to do so. It is to be noted that the trial in this case was held by learned Chief Judicial Magistrate, Sitapur. The accused faced trial for alleged commission of offence punishable under Sections 409, 420, 461 and 468 IPC. The trial court held that the accused was guilty of offence punishable under Sections 409 and 468 IPC. In appeal, learned V Additional Sessions Judge, Sitapur, allowed the appeal primarily on three grounds. Firstly, it was held that the person who accorded sancti