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NOIDA case: HC blow to Neera Yadav

IN A major setback to former chief secretary of Uttar Pradesh Neera Yadav, the Full Bench of Allahabad High Court ruled that there was no need for further sanction of the State government in the criminal case against Neera Yadav concerning NOIDA plot allotment case.
By HT Correspondent | None, Allahabad
PUBLISHED ON JAN 26, 2006 12:17 AM IST

IN A major setback to former chief secretary of Uttar Pradesh Neera Yadav, the Full Bench of Allahabad High Court ruled that there was no need for further sanction of the State government in the criminal case against Neera Yadav concerning NOIDA plot allotment case.

The Full Bench ruled that once the sanction under section 19 of Prevention of Corruption Act had been granted by the Central government, there was no need for further sanction of State government under section 197 of Criminal Procedure Code.

The Full Bench comprising Justice Syed Rafat Alam, Justice Sunil Ambwani and Justice Sudhir Agrawal decided this issue on a reference made by a Division Bench of this Court.

Earlier, while hearing the case of Neera Yadav, there was difference of opinion between the two judges hearing the petition on the question of sanction under section 197 of Criminal Procedure Code.

While one judge was of the view that there must be sanction of the State government under 197 in the criminal case against Neera Yadav, the other judge had an altogether different view. Hence, the issue was referred to a larger bench for adjudication.

The Full Bench was of the view that once the sanction had been granted by the Central government against Neera and other officials under section 19 of Prevention of Corruption Act, there was no need for re-sanction (double sanction) under section 197 of Criminal Procedure Code by the State government. The court also ruled that corruption was not part of duty.

To recall, Neera had filed a criminal revision application before the High Court challenging the order of the Special Judge (CBI) Ghaziabad, who had rejected Neera’s application against the framing of charges in NOIDA land allotment case.

The Special Judge had refused to drop criminal proceedings against Neera for want of sanction by the State government under section 197 of Criminal Procedure Code.

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