Petitioner challenges the rejection of request for sanction under Section 197 of the Code of Criminal Procedure. According to the petitioner, accused 3 to 5 are Government servants, who got involved in certain criminal acts, by which they have obliterated the signature of the petitioner and had abetted in creation of forged documents and hence the petitioner intended to file a complaint against them under Sections 465, 468, 469, 471 and 420 read with Section 34 IPC. Since the respondents 3 to 5 were Government officers, petitioner sought for sanction under Section 197 of the Code of Criminal Procedure, which came to be declined by Ext. P4 order. In Ext.P4, it is, inter alia, stated that on verification of the complaint, it was noticed that there were substantial provisions under the Act and the Rules framed thereunder for redressing the grievance of the petitioner and therefore, there is no point in granting sanction. 2. Having regard to the fact that the sanctioning authority W.P.C.No.27874 OF 2013 2 has not considered Ext.P3 application submitted by the petitioner in accordance with the procedure prescribed in terms of Section 197 Cr.P.C., I am of the view that Ext.P4 is liable to be set aside. The sanctioning authority is bound to consider the averments in the complaint and also the materials produced and come to a definite finding as to whether the sanction is required to be given or not. The reason now stated in Ext.P4 is that there are other provisions for correcting the errors pointed out by the petitioner. That by itself does not amount to declining request for sanctioning. Existence of a prima facie case is the basis for a sanctioning authority to either grant sanction or reject the same. Such an enquiry seems to have not been done while issuing Ext.P4.
In the result, this writ petition is allowed as under:
Ext.P4 is set aside. There will be a direction to the second respondent to re-consider Ext.P3 and pass appropriate orders in accordance with the provisions of Section 197 of the Code of Criminal Procedure.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE