(1)

A.F.R.

Judgement Reserved on 05.04.2023

Judgement delivered on 14.07.2023

Case :- CRIMINAL MISC. WRIT PETITION No. - 2372 of 2023

Petitioner :- Yash Kumar Verma

Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And

Others

Counsel for Petitioner :- Ashish Kumar Rastogi, Anurag

Shukla

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

(1) Heard the learned counsel for the petitioner and

the learned A.G.A. Shri Shiv Nath Tilhari, who appears

on behalf of the State-respondents.

(2) This petition challenges the order dated 15.02.2023

passed by the Special Secretary, Government of Uttar

Pradesh, Backward Class Welfare Anubhag-1 and also

prayed for a mandamus to be issued commanding the

respondents not to take any coercive action against the

petitioner in pursuance of impugned order.

(3) It has been submitted by the learned counsel for

the petitioner that the Sanction order has been issued

without application of mind as relevant material was not

placed before the Sanctioning Authority.

(4) Learned A.G.A. has raised a preliminary objection

regarding maintainability of the writ petition challenging

the sanction of prosecution