The court affirmed the appellant's right to challenge the sanction order and clarified that prior observations should not influence the merits of the case.

ORDER :

1. Leave granted.

2. Being aggrieved by the order dated 20.11.2023 whereby the High Court dismissed CRR No. 3002 of 2023 filed by the appellant under Section 482 of the Code of Criminal Procedure (Cr.P.C.), the appellant has approached this Court.

3. It is contended by the appellant that a petition under Section 482 was filed to quash the FIR No. 287/2014 dated 14.12.2014 registered at Police Station Rampurhat, District Birbhum, West Bengal for the offences punishable under Sections, 489B, 489C read with 120B of the Indian Penal Code, 1860, on the ground of non-compliance with the provisions of Section 167(5) of the Cr.P.C. (as amended by the State of West Bengal). During the pendency of the said Section 482 Cr.P.C. petition, sanction order was passed by the State of West Bengal on 02.11.2023. However, the Court dismissed the Section 482 Cr.P.C. petition making some observations regarding the merits of the order of sanction.

4. We have heard learned counsel for the appellant as well as learned counsel for the State.

5. From a perusal of the provisions of Section 167(5) of the Cr.P.C. (as amended by the State of West Bengal), it is evident that recourse to file the petition under Section 482 Cr.P.C. was inappropriate. At this stage, the learned counsel for the appellant submits that he would not press the Section 482 Cr.P.C. petition and take recourse as permissible under Section 167(5) of the Cr.P.C. It is further contended by him that he wishes to challenge the order of sanction, however, by the impugned order, his right to challenge has been foreclosed with certain observations made by the High Court. Therefore, liberty may be granted to challenge the order of sanction raising the grounds as permissible, which may be decided by the High Court uninfluenced by the observations made in the order impugned.

6. After hearing learned counsel for the appellant, we find substance in the said contention. Therefore, we dispose of this Special Leave Petition with the following directions :

i) The appellant is at liberty to take recourse as permissible to him under Section 167(5) of the Cr.P.C. (as amended by the State of West Bengal)

ii) The appellant is also at liberty to take recourse to challenge the order of sanction dated 02.11.2023 as per law.

iii) If the challenge is made by the petitioner, it shall be decided on its own merits, uninfluenced by any observations made in the order impugned.

7. We make it clear that we have not expressed any opinion on any of the issues as raised before us and the court before whom the recourse is taken by the appellant may decide the issues on its own merits.

8. Pending applications, if any, stand disposed of.