STATE OF GUJARAT & 3 ORS Vs. BISMILLAKHAN MAHAMADKHAN PATHAN
LAWS(GJH)-2016-9-56
HIGH COURT OF GUJARAT
Decided on September 09,2016

State Of Gujarat And 3 Ors Appellant
VERSUS
Bismillakhan Mahamadkhan Pathan Respondents

JUDGEMENT

- (1.) Petitioners herein have challenged the judgment and order dated 15.12.2010 below exhibit 16 in Criminal Revision Application No. 136 of 2009 passed by the learned Additional Sessions Judge, 2nd Fast Track Court of Nadiad, whereby the order dated 12.10.2009 passed by the learned Judicial Magistrate First Class of Mehmdabad in Criminal Inquiry No. 1 of 2009 has been quashed and set aside.
(2.) By such judgment, the Court of Magistrate has dismissed the complaint of respondent No.1 for want of valid sanction, which is mandatory for prosecuting the present petitioners being officers of the government. Whereas by impugned judgment the Sessions Court has ordered to proceed against petitioner even in absence of valid sanction.
(3.) I have heard learned APP Mr. Manan Mehta for petitioner No.1 and learned advocate Mr. Hriday Buch for petitioner Nos. 2 and 3. Petitioner No.4 has expired pending revision and, therefore, petition stands abated so far as petitioner No.4 is concerned, which fact is recorded in order dated 29.07.2016. I have also heard learned advocate Mr. S. S. Saiyed for the respondent being original complainant and perused the record.;


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