Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
By means of this writ petition, the petitioner, who happens to be an accused of case crime number 117 of 2003, under Section 409 and 218 IPC, police station Kotwali Nagar, district Gonda, has prayed for issuance of a writ of Mandamus commanding the opposite parties to grant sanction or not grant sanction with respect to aforesaid case and submit its report as required under Section 197 Cr.P.C. Submission of learned counsel for the petitioner is that in the said case charge sheet has been submitted against the accused person as far back as in the year 2003, but up-till date opposite party no. 4-Director (Administration), Medical & Health Service U.P., Swasthaya Bhawan, Lucknow is getting the matter pending with respect to grant or non-grant of sanction under the provisions of the Cr.P.C.
Let counter affidavit be filed by the respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks.
List this petition after expiry of the period granted for exchange of the affidavits.
Order Date :- 1.2.2010 Chauhan/-