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2021 (11) TMI 1085 - HC - Indian LawsViolation of the statutory stipulations contained in Section 15(A) of Essential Commodities Act, 1995 - petitioners contends that as per Section 15(A) of Essential Commodities Act, no court can take cognizance against a public servant for the offences punishable under the Act except with the previous sanction of the State Government - HELD THAT:- The contents of the order should reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant. Without highlighting any reason and without any indication as to the documents perused, no order of sanction should be passed. In this case, the order granting sanction was without any such observations and materials. From both the documents produced by the learned Government Pleader, it is evident that it was decided not to proceed against the petitioners herein. As the prosecution against the petitioners herein are permissible only on the basis of sanction, the decision now taken by the respondents; not to proceed against them is having some relevance. In the light of the communications produced by the learned Government Pleader, it is evident that the Government is not intending to proceed against the petitioners herein. In such circumstances, further proceedings against the petitioners herein is an abuse of process of law. The chances of successful prosecution as against the petitioners herein are very bleak in the light of the above aspects. In such circumstances, it is only just and proper that the proceedings against the petitioners herein are to be quashed by invoking powers of this Court under Section 482 Cr.P.C. Application allowed.
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