Sanjay Singh vs The State Of Uttar Pradesh on 14 May, 2025

Supreme Court – Daily Orders

Sanjay Singh vs The State Of Uttar Pradesh on 14 May, 2025

Author: Rajesh Bindal

Bench: Rajesh Bindal

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                                            IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION/
                                           CRIMINAL ORIGINAL JURISDICTION



                                        CRIMINAL APPEAL NO.        OF 2025
                                            (@ SLP(CRL.) No. 1332/2021)

     SANJAY SINGH                                                            PETITIONER(S)

                                                       VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                                       RESPONDENT(S)


                                                       WITH

                                              W.P.(Crl.) No. 55/2021




                                                       O R D E R

1. In view of the common issue involved in both the writ petition

and the Special Leave Petition, we are taking them up together

and passing a common order.

2. Leave granted in the Special Leave Petition.

3. In the appeal, the challenge is to the order passed by the

High Court whereunder, the petition filed to quash was

rejected, pertaining to Crime No.221/2020, on the sole premise

that the sanction was indeed obtained under Section 196 of the

Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’)

Signature Not Verified
though it had been wrongly noted as Section 197 of the Cr.P.C.
Digitally signed by

4. As stated by the learned Senior counsel appearing for the
SWETA BALODI
Date: 2025.05.27
16:57:50 IST
Reason:

appellant, there is no basis for coming to the said conclusion

as, subsequently, sanction has been obtained under Section 196
2

of the Cr.P.C., one month after the impugned order was passed

by the High Court.

5. In such view of the matter, the appeal is allowed. The

impugned order stands set aside and the matter stands remitted

to the High Court to be decided afresh by taking note of all

the submissions made by the respective parties.

6. Consequently, the Writ Petition is also disposed of. It is

well open to the appellant/petitioner to challenge the First

Information Reports filed against him on the same issue.

7. Pending application(s), if any, shall stand disposed of.

……………………………………………………J.
[M.M. SUNDRESH]

……………………………………………………J.
[RAJESH BINDAL]

NEW DELHI;

14th MAY, 2025
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ITEM NO.7                COURT NO.7                 SECTION II

                S U P R E M E C O U R T O F     I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)    No(s).    1332/2021

[Arising out of impugned final judgment and order dated 21-01-2021
in CRMC No. 108/2021 passed by the High Court of Judicature at
Allahabad, Lucknow Bench]

SANJAY SINGH Petitioner(s)

VERSUS

THE STATE OF UTTAR PRADESH & ANR. Respondent(s)

IA No. 17597/2021 – APPLICATION FOR TAKING ON RECORD
IA No. 12268/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 12498/2021 – EXEMPTION FROM FILING O.T.
IA No. 12266/2021 – EXEMPTION FROM FILING O.T.
IA No. 17600/2021 – EXEMPTION FROM FILING O.T.
IA No. 12497/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

WITH
W.P.(Crl.) No. 55/2021 (X)
IA No. 12272/2021 – CLARIFICATION/DIRECTION
IA No. 12477/2021 – EXEMPTION FROM FILING O.T.
IA No. 12273/2021 – EXEMPTION FROM FILING O.T.
IA No. 12476/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Date : 14-05-2025 These matters were called on for hearing today.

CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE RAJESH BINDAL

For Petitioner(s) Mr. Vivek K. Tankha, Sr. Adv.

Mr. Sumeer Sodhi, AOR
Mr. Varun Tankha, Adv.

Mr. Deepak Bajpai, Adv.

Mr. Inder Dev Singh, Adv.

Mr. Vipul Tiwari, Adv.

Mr. Harshit Bari, Adv.

For Respondent(s) Ms. Garima Prasad, Senior Advocate, A.A.G.
Mr. Shaurya Sahay, AOR
Mr. Aditya Kumar, Adv.

Ms. Ruchil Raj, Adv.

UPON hearing the counsel the Court made the following
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O R D E R

Leave granted.

The appeal is allowed and the writ petition is disposed

of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(SWETA BALODI)                                  (POONAM VAID)
ASTT. REGISTRAR-cum-PS                        ASSISTANT REGISTRAR

(Signed order is placed on the file)