Remanded

Radhey Shyam v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and 4 Others

Allahabad HC16 Jan 2024A482/289/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant challenged a sanction order alleged to be issued beyond jurisdiction and sought quashing of the charge-sheet. The court listed the case for further arguments and stayed coercive action pending the hearing.

What did the court decide?

Coercive action stayed pending further orders; case listed for specific instructions from State.

Radhey Shyam vs State of U.P. Thru. Secy. Home Civil… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 289 of 2024

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Applicant :- Radhey Shyam Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And 4 Others Counsel for Applicant :- Suman Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri N.K. Dwivedi, Advocate holding brief of Sri Suman Pandey, learned counsel for the petitioner and Sri Aniruddha Kumar Singh, learned Additional Government Advocate-I for the State.

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2. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for the following reliefs:-

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"1. To set aside the impugned order dated 24.03.2023 passed by the opposite party No.1, order dated 07.11.2023 passed by the opposite party No.3 and sanction order dated 07.11.2023 passed by the opposite party No.4 consequent to both the aforesaid orders.

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2. To quash the impugned charge-sheet dated 11.01.2023 (Annexure No.4) prepared by the opposite party No.2 under Sections 420, 467, 468, 471, 409 & 120-B I.P.C., and Section 13 (2) of P.C. Act in LPR Investigation No.176/2019 arising out of Case Crime No.130 of 2019, under Sections 420, 467, 468, 471, 409 & 120-B I.P.C., Police Station-Kalyanpur, District-Kanpur Nagar."

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3. Learned counsel for the petitioner has contented that the Appointing Authority of the petitioner is the Director, Agriculture, U.P., Lucknow as has been indicated in Annexure No.1, which is a Government Order dated 24.03.2023 issued by the Special Secretary of the Department addressing to the Managing Director, U.P. Beej Vikas Nigam, Lucknow and the Director, Agriculture, U.P., Lucknow in respect of granting sanction of six employees, wherein the name of petitioner finds place at Serial No.2, which clearly indicates that the Appointing Authority of the petitioner is the Director, Agriculture, U.P., Lucknow. However, Annexure No.3 is the sanction letter dated 07.11.2023 being issued by the Deputy Director Agriculture, Etawah, who is the District Level Officer granting sanction for the prosecution against the petitioner.

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4. Learned counsel for the petitioner has stated that the aforesaid sanctioning order is beyond the jurisdictional order, therefore, its operation may be stayed and if this Court may

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deem fit, after seeking reply from the opposite parties may quash that order.

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5. The issue requires consideration.

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6. List this case on 24.01.2024 within top ten cases to enable the learned Additional Government Advocate to seek specific written instructions on the aforesaid contentions of learned counsel for the petitioner.

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7. Till the next date of listing, no coercive action shall be taken against the petitioner in furtherance of the impugned sanctioning order dated 07.11.2023.

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8. On the next date, the parties shall come prepared.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 16.1.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Radhey Shyam v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Radhey Shyam v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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