The High Court set aside an order dated September 18, 2008, granting prosecution sanction under the Arms Act. held that the sanction was passed mechanically via a filled-blank form without application of mind, making it a mere empty formality.
Order dated September 18, 2008 granting prosecution sanction set aside.
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S.B. CRIMINAL MISC. PETITION NO.445/2009 (Vijendra Singh Vs. State of Rajasthan)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC. PETITION NO.445/2009
(Vijendra Singh Vs. State of Rajasthan)
Date of Order : 02nd December, 2014
HON'BLE MR. JUSTICE M.N.BHANDARI
Mr.J.R.Tantia, for the petitioner/s. Mr.Aladeen Khan, Public Prosecutor.
By the Court:
By this criminal miscellaneous petition, a challenge is
made to order granting prosecution sanction for offence under Arms Act.
Learned counsel submits that a cyclostyle order has been passed, thus prosecution sanction has been given without application of mind. In view of above, the order dated 18th September, 2008 deserves to be set aside. The prosecution sanction should not be given as an empty formality but is to be granted after due application of mind and, that too, after going through the fact. If the facts warrant prosecution sanction, it can be granted otherwise should be refused.
Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner.
S.B. CRIMINAL MISC. PETITION NO.445/2009 (Vijendra Singh Vs. State of Rajasthan)
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I have considered the submissions and find that
impugned order granting prosecution sanction is on the form where blanks have been filled. It could not show application of mind by the competent authority. The prosecution sanction should not be taken as an empty formality but the order has to be with application of mind.
Accordingly, the impugned order dated 18th
September, 2008 is set aside. The competent authority would, however, be at liberty to pass a fresh order for prosecution sanction, after applying its mind.
With the aforesaid, this criminal miscellaneous petition stands disposed of so as the stay application.
(M.N. BHANDARI), J.
S/No.13 Preeti, P.A.
All cor r ect ion s m ad e in t h e j u d gm en t / or d er h ave been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet i Asopa P.A.
1 issue framed by the court
Whether to set aside an order granting prosecution sanction under the Arms Act as it was passed mechanically without application of mind.
Vijendra Singh
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
