JUDGMENT :

1. The present petition under Section 482 CrPC has been filed, impugning the order dated 11.10.2022 passed by the Additional District & Sessions Judge (Rape and POCSO)-3, Gorakhpur in Final Report No.1230 of 2017 (Parvez Parwaz Vs. Yogi Adityanath and others), arising out of Case Crime No.2776 of 2008, under Sections 153, 153-A, 153-B, 295, 295-B, 147, 148, 395, 436, 435, 302, 427 and 452 IPC read with Section 7 Criminal Law Amendment lodged at Police Station Cantt., District Gorakhpur.

2. The learned trial Court has rejected the protest petition filed by the petitioner by holding that as the sanction for prosecuting the accused was already refused under Section 196 CrPC and the said order was challenged by the petitioner/complainant up-to the Supreme Court and the Supreme Court had dismissed the appeal, therefore, the protest petition could not be accepted and the trial Court could not interfere with the order, refusing the sanction for prosecution of the alleged accused. There is a checkered history of litigation and a brief survey is required to be mentioned. The petitioner had initially approached this Court by filing Criminal Writ Petition No.16095 of 2007. The Divisi