RAJEEV KUMAR SINGH Vs. STATE OF U. P.
LAWS(ALL)-2021-1-50
HIGH COURT OF ALLAHABAD
Decided on January 21,2021

RAJEEV KUMAR SINGH Appellant
VERSUS
STATE OF U. P. Respondents

JUDGEMENT

- (1.) This is a bunch of writ petitions filed under Article 226 of the Constitution of India challenging the sanction order dated 16.12.2019 and consequential orders of communication issued thereafter in respect to F.I.R. registered at Crime No. 1 of 2014 dated 1.1.2014 under sections 409, 120-B I.P.C. and section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act 1988. All these writ petitions involve same issue, therefore, they were heard together and are being decided by a common judgment. For convenience Writ Petition No. 25382 (MB) of 2020, Rajeev Kumar Singh v. State of U.P. and ors., has been treated as the leading writ petition.
(2.) Petitioners of the aforesaid petitions pray as under : "this Hon'ble Court may be pleased to issue - (a) a writ, order or direction in the nature of certiorari for quashing of the Prosecution Sanction Order dated 16.12.2019 signed on 14.12.2019 by the Managing Director UPRNN and the Communication Letter dated 16.12.2019 actually signed on 13.12.2019 against the petitioner contained as Annexure No. 2 to this Writ Petition arising out of FIR registered at Crime No. 1/2014 dated 01.01.2014, under sections: 409, 120-B IPC and section 13(1)(d) read with 13(2) of Prevention of Corruption Act 1988 after summoning the records from the authority competent. (b) a writ order or direction so as to decide this petition as per the order and direction passed by Coordinate Bench of this Hon'ble Court in Writ Petition No. 792/(MB) of 2020 (Ajay Kumar and another v. State of UP and others) in the facts and circumstances of this petition and the same benefit may kindly be extended to the petitioner also."
(3.) At the very outset learned counsel for the petitioner submitted that Writ Petition No. 792 (MB) of 2020, Ajai Kumar and ors. V. State of U.P. and ors. , involving similar issue and pertaining to the same crime number, albeit, in respect to other accused, has been decided by this Court vide judgment dated 18.6.2020 wherein, without entering into validity of the sanction order certain directions have been issued to complete the investigation with a further direction to the Court below to consider objections to the validity of sanction and till such decision is taken by the Court below regarding validity of sanction for prosecution against the said petitioners, no coercive measures were to be taken against them. He prays for similar relief.;


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