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ALLAHABAD HIGH COURT
Ravindra Singh, Vishnu Chandra Gupta, JJ.
Satya Pal Singh and Anr. - Appellant
Versus
State of U.P. and Anr. - Respondent
Writ Petition No. 7806 (M/B) of 2009, 4212, 5366, 5369, 5372, 6678 (M/B) of 2012, 3647, 5464, 6098 and 6774 (M/B) of 2014
Decided On : 26-09-2014
Sanction Order - Challenge under Article 226 - Section 197 of Cr.P.C., Section 19 of Prevention of Corruption Act - The court discussed the validity of sanction orders under Section 197 of Cr.P.C. and Section 19 of the Prevention of Corruption Act. It held that the grant of sanction to prosecute is a statutory function and subject to challenge in proceedings launched against the accused. The accused cannot challenge the sanction order at the pre-cognizance stage.
Fact of the Case:
The petitioner sought to challenge the grant of sanction to prosecute him before the institution of the prosecution in a competent court.
Finding of the Court:
The court held that the grant of sanction to prosecute is a statutory function and subject to challenge in proceedings launched against the accused in accordance with the procedure established under law. The court dismissed the writ petitions and vacated the interim orders.
Issues: The vital question of public importance involved whether a proposed accused under Article 226 of the Constitution of India can challenge the grant of sanction to prosecute him before the institution of the prosecution in a competent court.
Ratio Decidendi: The court held that the grant of sanction to prosecute is a statutory function and subject to challenge in proceedings launched against the accused in accordance with the procedure established under law. The accused cannot challenge the sanction order at the pre-cognizance stage.
Final Decision: The court dismissed all the writ petitions and vacated the interim orders. It allowed the petitioners to apply for bail if they appear before the court concerned within 30 days from the judgment.
Vishnu Chandra Gupta, J.
1. By means of Writ Petition No. 7806 (M/B) of 2009, the petitioner sought the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the Government Order No. 296WC/Saat-Nyaya-5-2009-124WC/2009 dated 11.05.2009 (contained as Annexure No. 1) Government Order No. 216WC/Saat-Nyaya-5-2009-124WC/2009 dated 06.05.2009 (contained as Annexure-2) passed by opposite party no. 5 and Government Order No. 4762/22-1-2008-112/2008 dated 17.12.2008 (contained as Annexure No. 3) passed by opposite party no. 4.
(ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner in pursuance of Government Order dated 17.12.2008 (contained as Annexure-3 to the writ petition)."
2. By means of Writ Petition No. 4212 (M/B) of 2012, the petitioner sought the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the Government Order No. 5003/22-1-2008-112/2008 dated 17.12.2008 passed by the State Government through the Secretary, Karagar Prasashan Evam Sudhar Anubhag-1, Department of Prison Government of U.P. under Section 197 , Cr.P.C. contained in Annexure No. 1 to the writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner in pursuance of Government Order dated 17.12.2008."
3. By means of Writ Petition No. 5366 (M/B) of 2012, the petitioner sought the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the petitioner as contained in Annexure-2.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 1002 of 2000, under Sections 109, 419, 420, 467, 468,408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Ghazipur, District Ghazipur as contained in Annexure No. 6."
4. By means of Writ Petition No. 5369 (M/B) of 2012, the petitioner sought the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 14.09.2009 so far as it relates to the petitioner as contained in Annexure-2.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 691 of 2000, under Sections 109, 419, 420, 467, 468,408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Kotwali Mau, District Mau as contained in Annexure No. 6."
5. By means of Writ Petition No. 5372 (M/B) of 2012, the petitioner sought the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the petitioner as contained in Annexure-2.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 36 of 2001, under Sections 109, 419, 420, 467, 468,408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Kotwali, District Mau as contained in Annexure No. 6."
6. By means of Writ Petition No. 6463 (M/B) of 20
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