Paresh Chandra Koji vs The State on 27 November, 1997
4. Mr. Sekh Kasem Ali Ahmed, the ld counsel appearing for the State, on the other hand, contended that as the materials on record now stand, there is no necessity for any sanction for the prosecution of the present petitioners for an offence under Section 409 Indian Penal Code and as such, no exception could be taken to the impugned order of the ld. Judge whereby he was pleased to take cognizance on the basis of the charge sheet and the materials under Section 173(5), Cr.P.C. It has been also submitted by Mr. Ahmed that the facts establishing the necessity of sanction might come to light during the course of the prosecution evidence at the trial and in such eventuality, the want of previous prosecution might prove fatal to the instant prosecution, but for the present as the materials on record stand, it cannot be said that a case for sanction within the meaning of Section 197, Cr.P.C. has been made out as such, there is no scope for any interference by this Court at this stage. Reliance has been placed in support of the above contentions in , Om Prakash Gupta v. State of U.P., , Pukhraj v. State of Rajasthan (on which reliance has also been placed on behalf of the petitioners); , S.B. Saha v. M.S. Kochar; , Balbir Singh v. D. N. Kadian; 1988 Cri LJ 1027 (Orissa), Dhulamani Behera v. State of Orissa and , Bakhshish Singh v. Gurmej Kaur.