[2025:RJ-JP:48542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 391/2022 Manvendra Singh Raghav S/o Late Imlas Singh, Aged About 52 Years, Permanet R/o Vill. Ghatal, Post Office Arniya, District Bulandshahar (U.P.) Presently Residing At A-602, Rail Nikunj, Jagatpura, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. The Ministry Of Railways Through Its Secretary, Railway Board, New Delhi. 3. The Joint Secretary (Estt.) Railway Board, Ministry Of Railways, New Delhi. ----Respondents For Petitioner(s) : Mr. Ankit Agrawal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/11/2025 Learned counsel for the parties are not in dispute on the proposition of law declared by Hon’ble Supreme Court in the case of Dinesh Kumar Vs. Chairman, Airport Authority of India & Another reported in (2012) 1 SCC 532; wherein after a survey of earlier opinion, the Supreme Court observed that the issue of validity of sanction shall be left open for consideration by the trial Court, wherein, cognizance has already been taken, for such a course would be in consonance with the law declared by the Supreme Court in the case of Parkash Singh Badal [(2007) 1 SCC 1]. It will be relevant to take note of the para Nos. 12 & 13 of the case of Dinesh Kumar (supra), which reads as under:- "12. Dealing with the situation of the case wherein the High Court reversed the judgment of the conviction of the accused on the ground of invalidity of sanction order, with reference to Parkash Singh Badal, this Court stated in [2025:RJ-JP:48542] (2 of 2) [CRLW-391/2022] Ameerjan in para 17 of the Report as follows: (SCC p.280) 17. Parkash Singh Badal, therefore, is not an authority for the proposition that even when an order of sanction is held to be wholly invalid inter alia on the premise that the order is a nullity having been suffering from the vice of total non-application of mind. We, therefore, are of the opinion that the said decision cannot be said to have any application in the instant case. 13. In our view, having regard to the facts of the present case, now since cognizance has already been taken against the appellant by the trial Judge, the High Court cannot be said to have erred in a leaving the question of validity of sanction open for consideration by the trial court and giving liberty to the appellant to raise the issue concerning validity of sanction order in the course of trial. Such course is in accord with the decision of this Court in Parkash Singh Badal and not unjustified." In view of the above, the instant criminal writ proceedings are closed with liberty to the petitioner to question the validity of sanction during the pending proceedings before the trial Court. In case, such an issue is raised by the petitioner before the trial Court; the trial Court is directed to consider and decide the same, in accordance with law, as expeditiously as possible. With the observation and directions, as indicated above, criminal writ as well as stay application stand disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /79