NITIN KUMAR RAI v. STATE OF UTTAR PRADESH AND ANOTHER
CRLP/17906/2025 · 2025-09-08
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86191 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17906 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J. Heard learned counsel for the petitioner; Sri Manish Goyal, learned Additional Advocate General, assisted by Sri Rupak Chaubey, learned AGA-Ist for State-respondents and perused the material on record. Earlier petitioner approached this Court by way of filing of APPLICATION U/S 482 No. - 10779 of 2024 , which was disposed of by co-ordinate Bench of this Court by following order dated 02.8.2024:-
"1. Applicant before this Court has filed a complaint against opposite parties- 2 to 12 including various police officials. Trial Court has rejected the application at the threshold since requirement of sanction as provided under Section 197 Cr.P.C. was not fulfilled. 2. Challenge to it at the instance of applicant before Revisional Court was also rejected. \
3. It is also pointed out by Sri A.K. Sand, Government Advocate assisted by Sri Rupak Chaubey, learned AGA and Sri Sujan Singh, learned counsel for opposite parties-2 to 12 that Revisional Court has also taken note that on same occurrence, mother of applicant has earlier filed a complaint though police officials were not made party therein and by present complaint, complainant has tried to fill up lacunae. 4. Sri Shambhavi Nandan, learned counsel for applicant submits that since complaint as well as revision petition has been rejected only on legal lacunae as sanction was not on record, however, its observation would come in way if now he files an application to obtain sanction. He further submits that said liberty may not be affected. 5. Learned advocates for opposite parties submit that liberty cannot be curtailed but an observation be made that orders passed by trial Court as well as revisional Court Versus Counsel for Petitioner(s) : Shambhavi Nandan Counsel for Respondent(s) : G.A. Nitin Kumar Rai .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s)
and this Court may be placed along with application, if any application is filed for procuring sanction. 6. Learned counsel for applicant has no objection of above referred submission. 7.
In aforesaid circumstances, since there is legal lacunae which has been rightly pointed out by trial Court as well as revisional Court and that there is no sanction as required under Section 197 Cr.P.C. to proceed against government officials, therefore, I do not find any legal infirmity in both impugned orders. 8. This application is disposed of with an observation that in case applicant files any application for sanction annexing all documents including documents filed along with compliant as well as orders passed by trial Court, revisional Court as well as this Court and complaint filed by his mother before concerned Authority, the concerned Authority will take note of same and will decide the application in accordance with law taking note of judgment of Supreme Court in A. Srinivasulu vs. State represented by Inspector of Police, 2023 SCC Online SC 900." Now the above noted writ petition has been filed by learned counsel for the petitioner praying for following reliefs:-
"I-Issue a Writ order or direction in the nature of Mandamus directing the respondent no-2 to consider the petitioner application for grant sanction under section-197 of Code of Criminal Procedure/ under section-218 of Bharatiya Nagrik Suraksha Sanhita. II- Any other Writ order or direction, which this Hon'ble Court may deem fit and proper under the facts and the circumstances of the present case." Sri Manish Goyal, learned Additional Advocate General, assisted by Sri Rupak Chaubey, learned AGA-Ist for State-respondents has informed that the aforesaid reliefs prayed by learned counsel for the petitioner were already granted to the petitioner and he was directed to approach the competent authority for redressal of his grievance. The aforesaid reliefs cannot be granted in the present writ petition.
In view of the above, this writ petition is dismissed with the liberty to the petitioner to approach the competent authority as per earlier order dated 02.8.2024 passed by this Court in APPLICATION U/S 482 No. - 10779 of
2024. September 9, 2025 Ruchi Agrahari CRLP No. 17906 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad