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2011 Supreme(All) 448
2011 (73) ACC 72
ALLAHABAD HIGH COURT LUCKNOW BENCH
SHRI NARAYAN SHUKLA, J.
Dr. SANJAY KHATRI – Applicant
Versus
STATE OF U.P. – Respondent
Case under sections 482/378/407 No. 351 of 2011
Decided on : February 18, 2011
Counsel for the Petitioner: Amarendra Kumar Bajpai.
Counsel for the State: Rajendra Kumar Dwivedi, A.G.A.
The State Government's sanction for the withdrawal of prosecution can lead to the dismissal of a petition.
Headnote:
Sanction for Withdrawal of Prosecution - Criminal Procedure Code - The State Government granted sanction for the withdrawal of prosecution in the criminal case, leading to the dismissal of the petition.
Fact of the Case:
The State Government granted sanction for the withdrawal of prosecution in the criminal case, leading to the dismissal of the petition.
Finding of the Court:
The court dismissed the petition in light of the State Government's decision to withdraw prosecution.
Issues:
Ratio Decidendi: The decision of the State Government to grant sanction for the withdrawal of prosecution influenced the court's decision to dismiss the petition.
Final Decision: The petition was dismissed as no further action was required due to the State Government's decision to withdraw prosecution.
SHRI NARAYAN SHUKLA, J.-As per direction of this Court opposite parties 4 & 5 namely Sri Vinay Chandra PPS, ex-Circle Officer, Kotwali Chowk, Lucknw and Sri Mohd. Alam Khan,ex-Sub Inspector, Police Station-Chowk, Lucknow, the I.O. of the case, are present before this , Court. Before proceeding further with the case, Sir Rajendra Kumar Dwivedi, learned Additional Government Advocate informs that the State Government has granted sanction for the withdrawal of prosecution in respect of Case Crime No. 31/2009 under Sections- 147, 353, 332, 504, 506, 452 and 149 IPC, Police Station Chowk, District-Lucknow (State v. Naeem Ahmad and others) and Case Crime No. 32/2009, under Sections-147, 452, 342, 353, 149, 332, 504 and 506 IPC Police Station-Chowk District Lucknow (State v. Naeem Ahmad and others) I and also places the decision of the State Government communicated to the District Magistrate, Lucknow being G.O. No. 770/WC/7-Nyay-5-2010-259/WC/2010 dated 7.12.2010, which is taken on record.
2. In light of the aforesaid decisions, no further action is required, therefore the petition is dismissed.
The case diary, which is before this t Court, shall be sent back to the Court below in the sealed cover forthwith.
