Madhya Pradesh High Court
Smt. Monika Waghmare vs The State Of Madhya Pradesh on 14 October, 2019
Author: Sujoy Paul
Bench: Sujoy Paul
1 MCRC-39642-2019
The High Court Of Madhya Pradesh
MCRC-39642-2019
(SMT. MONIKA WAGHMARE Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-10-2019
Shri Anil Lala, counsel for the petitioner.
Shri Abhijeet Awasthy, counsel for the respondents/state.
With the consent, finally heard.
In this petition, petitioner has prayed for following reliefs :-
"In view of the facts mentioned above, the petitioner prays for quashing of the SC Lok No.6/2018 pending before the Special Judge, Hoshangabad (Shri K.N.Singh) and also the order dated 23.6.2018 which is identically worded as the order dated 8.9.2018 of grant of sanctions which has already been quashed, to avoid further conflict, in the interest of justice."
During the course of hearing, learned counsel for the parties fairly submitted that in previous round of litigation, M.Cr.C.No.37842/18 and 38518/18 decided by a common order dated 28.6.2019 read with order passed in M.Cr.C.No.28834/19 decided on 19.7.2019, the sanction order dated 8.9.2018 was set aside by this court. It is also fairly admitted by learned counsel for the parties that this sanction order dated 8.9.2018 was based on certain adverse remarks of the court below in the judgment dated 09.02.2016. It is also fairly admitted that another sanction order dated 23.6.2018 (Annx.A/3) is not only verbatim same vis-a-vis order dated 08.09.2018, it is also found upon the adverse remarks made in the judgment dated 09.02.2016.
Shri Anil Lala advanced two fold submissions. Firstly, it is submitted that even if the order dated 23.6.2018 Annexure A/3 is not set aside in specific, once it is admitted that this order is verbatim same qua order dated 8.9.2018 and is arising out of the adverse remark made in the judgment dated Digitally signed by MANOJ KUMAR LALWANI Date: 15/10/2019 17:26:03 2 MCRC-39642-2019 09.2.2016, this order needs to be axed and respondents cannot be permitted to proceed with trial on the basis of this sanction order dated 23.6.2018. Secondly, once sanction order is set aside, the Special Case No.6/18 cannot be continued because in Prevention of Corruption Act matters, the sanction is sine qua non for proceedings with the special case.
Shri Lala submits that although liberty was given by this court to take a fresh decision on the question of sanction, the said liberty can be enjoyed only when such a fresh sanction order is issued and case is instituted thereupon. The instant case cannot be continued on the basis of sanction order which could not sustain judicial scrutiny from this court.
Prayer is opposed by Shri Abhijeet Awasthy, counsel for the respondents, by contending that although it is not in dispute that the sanction order Annexure A/3 dated 23.6.2018 is verbatim same in comparison to the sanction order dated 8.9.2018 which has been set aside by this court, it is equally true that this sanction order dated 23.6.2018 is also founded upon a finding given in judgment dated 9.2.2016 and such finding/ remark has been set aside. Shri Awasthy submits that the present petitioner filed M.Cr.C.No.38518/18 and in the relief clause prayed to expunge the remarks and set aside the proceedings. This court only set aside the remarks but did not set aside the proceedings. Thus, proceeding can continue. Petitioner cannot seek review by way of this petition.
No other point is pressed by learned counsel for the parties. We have heard the counsel at length and perused the record. It is trite that powers under section 482 of the Code of Criminal Procedure, 1973 are unlimited. The powers are given in order to ensure that no palpable injustice is caused to any party. Technically speaking, Shri Awasthy may be right in saying that technically this court did not set aside the proceedings of the special case but it cannot be disputed that special case under P.C. Act can be instituted and continued against a government employee only when there exists a sanction. Thus, we deem it proper to Digitally signed by MANOJ KUMAR LALWANI Date: 15/10/2019 17:26:03 3 MCRC-39642-2019 allow this petition with following directions :-
1. Consequent upon setting aside of the similar sanction order dated 8.9.2018, the sanction order dated 23.6.2018 (Annx.A/3) shall also be treated to have been set aside by this court.
2. The Special Case No.6/18 is also set aside for want of any valid sanction as on date.
3. However, this order will not come in the way of the respondents to instituted a fresh case in the event fresh sanction is given against the petitioner in view of liberty granted by this court.
4. Petition is disposed of.
C.C. as per rules.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
MKL
Digitally signed by MANOJ KUMAR
LALWANI
Date: 15/10/2019 17:26:03