Heard Mr. V.C. Mishra, the learned senior counsel assisted by Mr. R.B.S. Rathaur for the applicant, Mr. Bireshwar Nath for C.B.I. and the learned AGA for the State of U.P. and perused the record. The learned counsel for the applicant submitted that the prosecution sanction is bad in regard to the offences punishable under sections 120- B, 409, 467, 468, 471 and 473 IPC. Only the sanction has been granted in regard to the offences under section 13(2) read with section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988. The question of legality of the sanction can be raised before the trial court itself. In case any objection regarding the validity of the sanction is raised by the applicant before the trial court, due consideration thereof shall be given by the trial court and the same shall be disposed of with a reasoned order.
Allegations against the applicant are very serious and are supported with evidence, therefore, the applicant, in view of the facts and circumstances of the case, is not entitled to any relief. The petition is dismissed. However, the bail prayer of the applicant Ashok Kumar Shukla in R.C. No.10 of 2007 (State vs. Ashok Kumar Shukla & others) (Crl. Case No.5 of 2010), pending in the court of the learned Special Judge Anti Corruption (West) Lucknow may be disposed of expeditiously.
Order Date :- 10.5.2010 RKSh