IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 165 OF 2009 SHRI. SUKHA VITHAL GOVEKAR ... Applicant Versus S T A T E THROUGH PUBLIC PROSECUTOR ... Respondent Mr. D. Pangam, Advocate for the applicant. Ms. Winnie Coutinho, Public Prosecutor for the respondent. Coram:- N. A. BRITTO, J. Date:- 11th June, 2009 P.C. Heard. This petition is filed at the behest of accused no.2 in CC No. 39/S/2007/B, who has been prosecuted under Sections 468, 471 and 420 of IPC. The petitioner is a Gazetted officer and there is no dispute about it. Before the learned Trial Court, he had filed an application dated 11.7.2008 to drop the proceedings on the ground that there was no proper sanction. The said application was replied vide reply dated 30.7.2008 and the only objection taken was that the offences allegedly committed required no sanction. However, the fact remains that letter dated 23.4.2007 was produced before learned J.M.F.C. The said letter is issued by the State Registrar-cum-Head of Notary Services under whom the petitioner works as a Sub-Registrar. The relevant portion of the said letter states as follows : "Sir, I am directed to inform you that the Government has accorded the sanction in terms of Section 197 of Cr. P.C. 1973, for prosecution of Shri Suka V. Govenkar, Sub-Registrar". In my view, the said letter is a prima facie evidence in support of the case of the prosecution that the petitioner is prosecuted after obtaining the sanction. Whether the said sanction is good or bad in law is a matter which can be decided at the trial. The counsel on behalf of the petitioner states that there is no sanction at all. This statement cannot be accepted on the face of the letter dated 23.4.2007. Further, learned counsel on behalf of the petitioner submits that the order of the learned Sessions Judge to the extent it holds that no sanction was necessary needs to be set aside. The submission is reasonable at this stage. Hence, both the orders are set aside. The point as to whether the sanction is at all required is also kept open to be decided at the trial. The petition is disposed of on the above terms. N. A. BRITTO, J. at*