A valid sanction for prosecution requires a thorough application of mind by the sanctioning authority; failure to meet this standard renders the sanction invalid.

JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Rishad Murtaza and Ms. Aishwarya Mishra Advocates, the learned counsel for the applicant and Sri Anurag Kumar Singh, the learned counsel for the respondent - C.B.I.

2. By means of the instant application filed under Section 482 Cr.P.C. the applicants have assailed the validity of an order dated 28.07.2023 passed by the learned Special Judge, C.B.I.-I, Lucknow in Sessions Case No. 341 of 2022 arising out of RC No.053202150002, under Sections 120-B read with Sections 409, 418, 419, 420, 467, 468, 471, 477 (A) I.P.C. and Section 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988, Police Station C.B.I. S.C.B., Lucknow, whereby their application for discharge has been rejected.

3. Briefly stated, the facts of the case are that an F.I.R. was lodged on 03.02.2021 against – (1) Kamal Ahsan and (2) Rajesh Kumar, stating that Kamal Ahsan was an employee of Axis Bank and used to handle the bank account of an institution named SHIATS (Sam Higginbottom Institute of Agriculture, Technology and Sciences), and he had made fraudulent transactions of Rs.22,39,64,118/- in connivance with co- accused Rajesh Kumar, who was an Accountant in SHIATS. The co- accused Kamal Ahsan was under suspension since January, 2017. The F.I.R. alleges commission of offences under Sections 409, 418, 419, 420, 467, 468, 471, 477-A I.P.C. by the accused persons.

4. After investigation the C.B.I. submitted a charge-sheet dated 30.12.2021 against 26 persons, including the applicants, who were posted in Axis Bank in managerial capacities.

5. The learned trial court had taken cognizance of the case by means of an order dated 08.03.2022 and had summoned the applicants for commission of offences under Section 120-B read with Sections 409, 418, 419, 420, 467, 468, 471, 477 A I.P.C. and Section 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988, Police Station C.B.I./S.C.B. Lucknow.

6. The applicants had challenged the validity of the aforesaid order dated 08.03.2022 by filing an application under Section 482 Cr.P.C. No. 2071 of 2023, which was disposed of by means of an order dated 28.02.2023, passed by this Court by observing that at the time of passing of the order dated 08.03.2022 there was no prosecution sanction in terms of Section 19 of the Prevention of Corruption Act and Section 19 7 of Cr.P.C. and the order dated 08.03.2022 was bad in law. This court had set aside the order dated 08.03.2022 and directed the learned trial court to pass a fresh order strictly in accordance with law.

7. After passing of the aforesaid order dated 28.02.2023, an order dated02.02.2022 issued by the President and Head Corporate Affairs of Axis Bank, Mumbai was produced before the trial court which states that the allegations leveled against 20 persons, including the applicants, have been corroborated by the statements recorded under Section 161 Cr.P.C. and the documents collected during investigation of the case. After careful examination and perusal of the documents and statements of the witnesses it has been found that offences u/s 120-B read with 409, 418, 419, 420, 467, 468, 471, 477 (A) IPC and Section 13 (2) read with 13 (1) (d) of PC Act and substantive offence thereof are made out against 20 persons, including the applicants.

8. The sanctioning authority proceeded to state that after fully and carefully examining the documents, copies of the statements of witnesses under Section 161 Cr.P.C. and other materials placed before him and having applied his mind prop