SURJEET SINGH Vs. JIT SINGH

JUDGEMENT

(1.) PETITIONERS -Surject Singh (a Sub Inspector of police) and Jagdish Chander (an Inspector of Police) have by means of this petition, approached this Court under Section 482, Cr. P. C. for quashing the Order for framing the charge (annexure p-4), the charges framed (annexure P-5), and also and Order dated 5-9-1997 (annexure P-6), by which the learned Additional Sessions Judge, Jagadhri dismissed the application filed by the petitioners Order for dismissal of the complaint on the ground that the complainant had not obtained sanction to prosecute the petitioners under Section 197, Cr. P. C.

(2.) THE counsel for the petitioners was heard at the motion stage. The facts which are essential for our present purpose are as follows :

(3.) THE learned Magistrate recorded the preliminary evidence of the witnesses. Taking into consideration the materials placed before him he summoned the petitioners Order. The petitioners and their co-accused filed revisions against the summoning Order before the learned Additional Sessions Judge, Jagadhri but the same was dismissed on 27-7-1981. Criminal Miscellaneous No, 11313-M of 1991 filed before this Court was a|so dismissed by the Court with the observation that the petitioners-accused were free to raise all the pleas at the time of the consideration of the case for framing of charges. The learned Additional Sessions Judge, before whom the case was pending, framed charges under Sections 302 and 343 read with Section 34, IPC (the Order directing the framing of the charge is annexure P-4 and the actual charges framed against the petitioners Order are annexure P-5 ).