LOKESH KUMAR DWIVEDI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2016-3-103
HIGH COURT OF ALLAHABAD
Decided on March 03,2016

Lokesh Kumar Dwivedi Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Ranjana Pandya, J. - (1.) This criminal revision has been preferred against the order dated 22.12.2015 passed by the learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 4, Varanasi in Misc. Application No. 3 of 2015 (Lokesh Durivedi v/s. Smt. Priti Gupta and others) under Sec. 156(3) Cr.P.C., police station Aung, district Fatehpur. Heard learned Counsel for the revisionist and learned Additional Government Advocate for the State -respondent.
(2.) Learned Counsel for the revisionist has submitted that the learned lower Court has committed irregularity and illegality in rejecting the application under Sec. 156(3) Cr.P.C. for want of sanction, inasmuch as it was the precognizance stage. The applicant had already applied to the appropriate authorities for grant of sanction and if within a limited period sanction was not granted, the sanction would be deemed to have been granted as provided by law.
(3.) Per contra learned Additional Government Advocate has submitted that the revision is not maintainable because the Court could not have proceeded even to decide the application under Sec. 156(3) Cr.P.C. for want of prosecution sanction.;


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