Disposed

Ramdhani v. State of U.P. and 7 Others

Allahabad HC21 Aug 2023CRLP/11264/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking an order to decide a sanction request for prosecution under the Prevention of Corruption Act. The court, acting on the Advocate General's statement regarding lack of evidence, directed the petitioner to produce evidence within three weeks.

What did the court decide?

Directed the petitioner to produce evidence before the competent forum within three weeks.

Ramdhani Vs State of U.P. and 7 Others — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167890-DB

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11264 of 2023

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Petitioner :- Ramdhani Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vishesh Rajvanshi Counsel for Respondent :- G.A.

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Umesh Chandra Sharma,J.

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1.Heard learned counsel for the petitioner and learned AGA for the State.

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2.The writ petition seeks the following relief:-

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"(i) Issue a Writ, Order or Direction in the nature of Mandamus commanding the Respondent No. 2 i.e. the District Magistrate, Kushinagar to immediately decide the sanction request under Section 19 of the Anti Corruption, Act sent by the learned court below which has been marked as Annexure No. 3"

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3.It appears that the petitioner filed a complaint under Sections 419, 420, 467, 468, 504, 506 IPC & Section 7/13 Prevention of Corruption Act & 3(1) of the SC/ST Act.

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4.The petitioner is aggrieved because despite statements under Section 200 and 202 of the Cr.P.C. having been recorded, no summoning order has been passed as sanction is required for prosecuting the accused. This sanction is to be granted under Section 19 of the Prevention of Corruption Act. It appears that sanction under Section 197 Cr.P.C has also not be granted.

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5.Hence this writ petition.

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6.Learned AGA on the basis of instructions received has stated that the petitioner himself is not coming forward with any evidence on the basis whereof a decision could be taken as to whether sanction is to be granted or not.

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7.Under the circumstances in view of the statement of the learned AGA , this writ petition is disposed of directing the petitioner to produce whatever evidence he chooses to rely upon before the competent forum within a period of three weeks which

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will necessarily led to redressal of his grievances.

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8.Subject to above, this writ petition stands disposed of.

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Order Date :- 21.8.2023 Priyanka

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Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad

Ramdhani v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Ramdhani v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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