Point of Law: Absence of sanction can be raised and agitated at very inception but invalidity or illegality of sanction is to be raised during trial.

JUDGMENT :

1. Heard Sri Jyotindra Mishra, learned Senior Advocate, assisted by Sri Kapil Mishra, learned counsel for the applicants, Sri Shiv Nath Tilhari, learned A.G.A.-I for the State and perused the material placed on record.

2. By means of instant application, the applicants have assailed the sanction orders dated 3.8.2010 & 3.3.2022 and entire proceedings in Sessions Trial Nos.1245 of 2010 and 13 of 2013 arising out of Case Crime No.30 of 2010 under Sections 120B, 121, 121A, 420, 467, 468 I.P.C. & 13, 18, 20, 21, 23 (2), 38, 39, 40 UAPA (State Vs. Shivraj Singh and another) & (State Vs. Rajendra Kumar @ Arvind) relating to Police Station Kidwai Nagar, District Kanpur Nagar pending in the court of ASJ-3/Special NIA/ATS Court, Lucknow.

3. Factual matrix of the case is that on 8.2.2010, three persons, namely, Shivraj Singh, Rajendra Kumar @ Arvind Kumar and Kripa Shankar were arrested by Uttar Pradesh State Task Force team, headed by Sub Inspector Rajeev Dwivedi at 4.50 pm. The First Information Report was lodged at Police Station Kidwai Nagar on the complaint of Sub Inspector Rajeev Dwivedi. Thereafter, a letter was sent by Investigating Officer to DIG (ATS) on 7.7.2010 for grant of sanction of prosecution and the DIG (ATS) sent a letter on 12.7.2010 to the Secretary, Department of Home, Government of UP making a request for grant of sanction for prosecution.

4. After considering the aforesaid request, sanction for prosecution was granted by the State Government, vide letter dated 3.8.2010. The charge sheet was filed by the Investigating Officer and on 4.8.2011, charges were framed against accused Shivraj Singh and Kripa Shankar in Sessions Trial No.1245 of 2010 and against the co-accused Rajendra Kumar @ Arvind on 8.3.2023 in Sessions Trial No.13 of 2013. The prosecution witnesses, i.e., P.W. 1 to P.W. 13 were examined and while cross-examination of witnesses, they admitted that neither there was any literature in hand writing of the accused persons nor there was any evidence of extorting money thereof at Kanpur Nagar and further admitted that technically somebody has printed or published these materials other than the accused persons.

5. On 8.6.2016 the applicants moved an application before the trial court for disposal of the case. On 10.2.2021, they also filed an application for framing of question under Section 313 of Cr.P.C. and statement of the accused was recorded on 15.2.2021. On 8.1.2022 all files of Sessions Trial No.1245 of 2010, 13 of 2013, 1265 of 2010, 1265A of 2010 were transferred to the learned ASJ-3/Special NIA/ ATS Court, Lucknow. On 4.8.2022, the accused persons came to know that vide application dated 22.3.2022, supplementary case diary and amended order of sanction for prosecution dated 3.3.2022 has been submitted before the court and, thereafter, on 29.9.2022, an objection was filed by the co-accused with a request that trial court may cancel the supplementary case diary and the sanction order. Reply to the objection dated 29.9.2022 was also filed by the Investigating Agency on 24.11.2022 and, thereafter, on 24.11.2022 itself, the trial court granted permission to the prosecution upon the application under Section 311 Cr.P.C. and, thus, the applicant being aggrieved by the sanction orders dated 3.8.2010 and 3.3.2022 including the entire proceedings initiated in Sessions Trial Nos.1245 of 2010 and 13 of 2013, has instituted the instant application.

6. Learned Senior Counsel appearing for the applicants contends that at the very initial stage, intent of the prosecution is dubious, as on the basis of unconfirmed information, the applicants were arrested without cogent piece of evidence; as the First Information Report was lodged against the applicants and the charge sheet has also been filed. Thereafter, without prior intimation to the applicants, the case was transferred from Kanpur to Lucknow and, while taking the perplexing action supplementary case diary and the amended order of sanction dated 3.3.2022 w