Shyam Sunder Agrawal vs State of U.P.

J. C. Mishra, J.—This revision is directed against the order dated 621984 passed by the Sessions Judge, Aligarh allowing the revision and setting aside the order of discharge passed by the Judicial Magistrate, Aligarh by order dated 771983.

The Judicial Magistrate in view of certain alleged infirmities held that the sanction for prosecution accorded by the District Magistrate is neither proper sanction nor a valid report as required by Section 11 of the E.G. Act. It was observed that in the said order dated 8782 according sanction for prosecution the name of the accused was not mentioned nor particulars about the case were written. There was also no mention of the control order which was allegedly breached. The chargesheet had not disclosed any authority under which it has been submitted nor this fact was mentioned in the sanction order.

The learned Sessions Judge observed that the sanction was accorded on the back of the chargesheet against the accused and, therefore, it was not necessary for the District Magistrate to have recorded the name of the accused. He further found that the sanction disclosed that the District Magistrate had perused the relevant document and was satisfied with them. He further observed that particulars of the case were noted in the charge sheet and the District Magistrate was not required to rewrite the particulars in the sanction order. He also held that there was no requirement of law that the complaint should be filed by the District Magistrate and it was sufficient that it was filed after proper sanction.

The learned Additional Government Advocate contended that at the stage of considering the plea of discharge the Magistrate cannot enter into the merits of the case and it is sufficient that prima facie case is made out. He contended and rightly that at initial stage the Magistrate could not enter into the intricacies and to record a finding. I find force in this contention. Since the District Magistrate had accorded sanction for prosecution the Magistrate committed illegality in discharging the accused. The order passed by the learned Sessions Judge, setting aside the order does not suffer from any illegality. However, it shall be open to the Magistrate to consider the criticism made against the sanction order while deciding the case after recording evidence. Any observation made by this Court or Sessions Judge may not be taken into consideration and the order will be passed in accordance with law. Revision dismissed.