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RAMESH SINHA, SAROJ YADAV
Abhai Kumar Tripathi – Appellant
Versus
State of U. P. , Thr. Secy Khadi and Village – Respondent


Advocates Appeared:
For the Petitioner: Amrendra K. Bajpai.
For the Respondent: C.S.C., Ajai Kumar, Ashok K. Pandey, Pankaj Patel.

JUDGMENT :

Saroj Yadav, J.

1. This writ petition has been filed by the petitioner praying the following reliefs :

    "(a) Issue a writ, order or direction in the nature of certiorari to quash the impugned order of sanction of prosecution dated 18.06.2007, passed against the petitioner, by the opposite party no. 2, contained as Annexure No. 1 to this writ petition.

(b) Issue a writ, order or direction in the nature of certiorari to quash the Govt. Order dated 15.05.2007 by which the opposite party no. 1 has directed the opposite party no. 2/competent authority to grant sanction for prosecution against individuals in Investigation Case No.12/2000 and which finally resulted in passing of impugned order."

2. Heard Shri A.K. Bajpai, assisted by Ms. Tejaswani Bajpai, learned counsel for the petitioner and Shri Ajai Kumar, learned counsel for the respondent nos. 1 and 2.

3. Learned counsel for the petitioner submitted that in Investigation Case No.12 of 2000 sanction for prosecution was previously refused by the Opposite Party No. 2 vide order dated 27.03.2006. Thereafter, the Opposite Party No. 2-Successor-in-Office had no authority in law to supersede or review the order passed by the Predecesso

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