Civil Writ Petition No. 12680 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 12680 of 2009 Date of Decision: 8.12.2009 Sant Lal …Petitioner Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Harish Nain, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed with prayer that writ in the nature of certiorari be issued and impugned order dated 15.5.2009 (Annexure P6) be quashed whereby sanction was granted by the Financial Commissioner and Principal Secretary to Government of Haryana, Education Department, to prosecute the petitioner in case FIR No. 40 dated 21.8.2003 registered at Police Station State Vigilance Bureau, Rohtak Range, Rohtak, under Sections 420, 467, 468, 471 and 120-B IPC. Counsel states that petitioner had earlier preferred Criminal Misc. No. M-46050 of 2006 in this Court and the same was disposed of with a direction to the competent authority to look into all arguments Civil Writ Petition No. 12680 of 2009 2 which have been referred in an order passed by Director, Primary Education, Haryana, before taking any decision. Counsel further stated that Director, Primary Education, Haryana, vide letter dated 17.4.2006 had recommended dropping of the name of petitioner from the case which was under investigation. Counsel for the petitioner has further submitted that Forensic Science Laboratory had submitted its report and a perusal of the report (Annexure P2) absolved the petitioner from complicity in the offence. Grievance of the petitioner is that the order passed in Criminal Misc. No. M-46050 of 2006 was not considered and the documents were not looked into by the competent authority. Counsel has very fairly stated that petitioner had earlier approached the Contempt Court and the Contempt Court had not agreed to issue notice and the same was dismissed as withdrawn. Whether the documents were considered or not is a question of fact. The sanctioning authority can be summoned by the prosecution or by the defence to prove that the sanction order was passed after due or non application of mind. In case, the prosecution produce concerned official to prove grant of sanction, the petitioner, by way of cross- examination can always elicit whether the document, in consonance with the spirit of order passed in Criminal Misc. No. M-46050 of 2006, was considered or not. Therefore, the writ Court cannot examine the contention of the petitioner as same is to be determined after the evidence is adduced by the prosecution. That being so, this Court cannot come to rescue of the petitioner and at this stage, counsel for the petitioner states that he be permitted to withdraw the present petition Civil Writ Petition No. 12680 of 2009 3 with liberty to raise all arguments before the trial Court at appropriate stage. As prayed, the present petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge December 8, 2009 “DK”