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2021 Supreme(All) 858

RAMESH SINHA, SAROJ YADAV
Durga Dutt Tripathi – Appellant
Versus
State Of Uttar Pradesh Through Secretary, Department of Ayush, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Akhilesh Kumar Kalra & Sri Rajesh Chandra Mishra
For the Respondent:Sri S.P. Singh, Additional Government Advocate

JUDGMENT :

Saroj Yadav, J.

1. By means of the present writ petition, the petitioner has challenged the impugned order dated 28.05.2018 issued by the Secretary to His Excellency the Governor, whereby sanction has been accorded while exercising power vested under Section 197 of the Code of Criminal Procedure (in short 'Cr.P.C.') read with Section 19 of the Prevention of Corruption Act, 1988 to prosecute the petitioner under Section 120B of the Indian Penal Code (in short 'IPC') and Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (in short 'P.C. Act'). The impugned order has been issued by the Director, Ayurvedic Services, U.P. Lucknow vide Letter No. 4896(I)/18A-397/16/Adhi. dated 19.06.2019.

2. Heard Sri Rajesh Chandra Mishra, learned counsel for the petitioner and Sri S.P. Singh, learned A.G.A. for the State.

3. Learned counsel for the petitioner argued that impugned order according sanction to prosecute the petitioner is a composite order whereby the competent authority has accorded sanction to prosecute several persons without there being any specific description about the petitioner. It is not there in the sanction-order, what material has been placed before

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