Rajasthan High Court - Jaipur
Chail Bihari Chaturvedi S/O Late Shri ... vs State Of Rajasthan on 18 July, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3849/2018
Chail Bihari Chaturvedi S/o Late Shri Gauri Shanker Chaturvedi
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Anurodh Chaturvedi For Respondent(s) : Mr. Prakash Thakuriya, PP for State HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 18/07/2018 Learned counsel for the petitioner contends that in the present case, Additional District Magistrate is neither appointing authority, nor removing authority of the petitioner and hence, sanction given by him while exercising powers of District Magistrate is not a valid sanction. Learned counsel submits that objection was raised before the trial court in this regard and the trial court deferred the objection of the petitioner on the ground that same shall be decided at the time of final arguments.
Learned counsel has relied upon Nanjappa v. State of Karnataka, (2015) 14 SCC 186, to contend that in case sanction is not valid, accused can pray for discharge.
In the light of above submission made, learned counsel for the petitioner in the present petition filed under Section 482 Cr.P.C. has prayed that direction be given to the trial court to decide objection of the petitioner regarding validity of sanction before proceeding further with the trial.
(2 of 2) [CRLMP-3849/2018] After hearing learned counsel for the parties, present petition is allowed. A direction is issued to the trial court to decide objection of the petitioner regarding validity of sanction within fifteen days from the date of receipt of certified copy of this order.
(KANWALJIT SINGH AHLUWALIA),J Govind/ Powered by TCPDF (www.tcpdf.org)