- (1.) THE complaint was filed by the non-applicant No. 1 against the present applicant for offences under sections 420, 465, 177 and 181 I. P. C. By order dated 5-4-1988, Judicial Magistrate, First Class, Malkapur, issued process against the present applicant under sections 420, 465, 177 and 181 I. P. C. , subject to the condition of deciding the question of sanction, if raised or contested at the later stage. This order of issue of process was challenged by the present applicant before the Sessions Court at Buldana by filing Criminal Revision Application No. 89 of 1988.
(2.) THE learned Sessions Judge, Buldana vide judgment dated 16th December, 1988, allowed the revision, quashed issue of process and dismissed the complaint. Against this order, the non-applicant No. 1 filed Criminal Revision Application No. 45 of 1989 before this Court. By judgment dated 14-9-1989, the order passed by the learned Sessions Judge, Buldana, was quashed and set aside and the matter was remanded back to the J. M. F. C. , Malkapur for deciding the issue as to whether sanction under section 197 Cri. P. C. is mandatory in the matter. In pursuance of these directions, J. M. F. C. , Malkapur vide order dated 08-01-1999 held that sanction under section 197 Cri. P. C. is not mandatory in the matter. This order was challenged by the present applicant in this application and by order dated 21-2-2000, this Court disposed of the matter, in the light of the observations made therein. This order dated 21st February, 2000 was challenged by the present applicant before the Apex Court and the Apex Court vide order dated 3rd November, 2000 held that the High Court had not recorded any finding on the question of sanction and it would be appropriate that the High Court itself decides this issue instead of leaving it to be decided by the trial Court. Accordingly, order dated 21st February, 2000 of this Court was set aside by the Apex Court and this Court was asked to decide the question of sanction preferably within a period of six months from the date of receipt of the certified copy of the order. This order of the Apex Court was received by this Court on 14-12-2000 as can be seen from the noting made in the farad by the office and after hearing, the matter is being disposed of by this order.
(3.) BEFORE proceeding ahead, I would like to point out that the issue of process had been challenged by the present applicant before the Sessions Court which had quashed issue of process. But, the said order of quashing of issue of process was set aside by this Court and the matter was remanded to J. M. F. C. , Malkapur for deciding as to whether sanction under section 197 Cri. P. C. is mandatory in the matter. In this Criminal Revision Application No. 45 of 1989, the non-applicant No. 1 has challenged the setting aside of the order of issue of process by the Sessions Judge, Buldana, who had ordered the quashing of the issue of process. In these proceedings, the present applicant was served, but he did not remain present. Thus, in my opinion, the issue of process on the merits has attained the finality and this aspect cannot be examined in this application and the only question which is required to be decided relates to sanction. In fact, this Court in order dated 21-2-2000 has pointed out that in the previous round of litigation, the subject regarding issue of process appears to have been closed, but subject relating sanction seems to have been left open and the short question that has been raised in this application is whether in the circumstances, sanction under section 197 Cri. P. C. for prosecution was not necessary.;