SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(All) 604

K.L.SHARMA
VIRENDRA PRATAP SHAHI – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
A.D.Giri,

K. L. SHARMA, J.

In this application under Section 482, Or. P. C. the applicant has challenged the validity of prosecution sanction according by the Government for the offences under Sections 500, 504 and 506,i. P. C. and of the order dated 18-2-1995 passed by the Sessions Judge, Gorkahpur pending before him whereby the application of the applicant for dismissing the complaint against him was rejected.

2. I have heard Mr. A. D. Giri, senior Advocate for the applicant as well as learned Additional Public Prosecutor for the State and perused the material brought on record.

3. The learned senior Advocate Mr. Giri has contended that the prosecution sanction has been mechanically granted with out applying mind and does not disclose the authority who has accorded the sanction and as such it is illegal and cannot be made a foundation for prosecution before the learned Sessions Judge, Gorakhpur. In support of his contention Mr. A. D. Giri has invited my attention to the decision of Honble the Supreme Court in the case of P. C. Joshi v. State of U. P. A. I. R. 1961 S. C. 387. The relevant paragraph 4 is reproduced below:

1834 It is not disputed that the Home Secretary was authorised to sanct













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top