Dismissed

Om Yadav Alias Omveer v. State of Up Others

Allahabad HC30 Aug 2024A482/11263/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. challenging the rejection of a Section 156(3) request for investigation against government officers without Section 197 sanction. The Court held the preliminary objection regarding the binding precedent was not dislodged at the stage.

What did the court decide?

Application under Section 482 Cr.P.C. is dismissed.

Om Yadav Alias Omveer vs State of Up Others — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140140

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 11263 of 2024

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Applicant :- Om Yadav Alias Omveer Opposite Party :- State Of Up Others Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Manish Yadav, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Challenge in this application under section 482 Cr.P.C. is to the order dated 19.7.2021, passed by Special Chief Judicial Magistrate Agra in Misc. Application No. 2089 of 2021 (Om Yadav @ Omveer Vs. S.I. Mohit Singh and Others) under sections 156(3) Cr.P.C. filed by applicant was rejected. Order dated 30.10.2023, passed by Additional District and Sessions Judge in Criminal Revision No. 285 of 2021 (Om Yadav @ Omveer Vs. State of U.P. and Others), whereby aforementioned criminal revision filed by applicant against order dated 19.7.2021 has also been dismissed.

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At the very outset, the learned A.G.A. submits that criminal prosecution was sought to be initiated against Government Servants i.e. prospective accused/opposite parties-2 to 16. However, no prior sanction in terms of Section 197 Cr.P.C was obtained. As such, no illegality has been committed by Courts below in rejecting the application under Section 156(3) Cr.P.C. filed by applicant.

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Learned A.G.A. further submits that the Apex Court in Anil Kumar and Others Vs. M.K. Aiyappa and Another, (2013) 10 SCC 705 and L. Narayana Swamy Vs. State of Karnataka and Others, (2016) 9 SCC 598 , has held that no direction under Section 156(3) Cr.P.C. can be issued for lodging an FIR against a public servant without prior sanction of the competent authority. However, subsequently, the Apex Court in the case of Manju Sharma Vs. Sunil Arora and Others, (2018) 5 SCC 557 , has referred the matter to a Larger Bench. The reference made in aforementioned judgment has been reiterated, vide order dated

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16.04.2024 passed in Special Leave to Appeal (Crl.) No(s). 35673568 of 2017 (Shamim Khan Vs. Debashish Chakrabarty and Others) .

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It is then contended by the learned A.G.A. that though the ratio laid down by the Apex Court in Anil Kumar and Others (Supra) and L. Narayana Swamy (Supra), has been referred to the Larger Bench but simply on the basis of above, the binding precedent of aforementioned judgments cannot be wiped out. Until and unless, the law declared in aforementioned judgments is diluted or held to be no longer a good law by the Larger Bench, the same shall continue to bind the Courts by virtue of the provisions contained in Article 142 of the Constitution of India. As such, no interference is warranted by this Court in present application.

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When confronted with above, the learned counsel for applicant could not be dislodged by the learned counsel for applicant.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to present application could not be dislodged by the learned counsel for applicant, with reference to the record at this stage.

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In view of above, present application fails and is liable to be dismissed.

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It is, accordingly, dismissed .

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Order Date :- 30.8.2024 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Om Yadav Alias Omveer v. State of Up Others

Case brief

What is this about?

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Om Yadav Alias Omveer v. State of Up Others

Case brief

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