DASU RAM AZAD, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
(2.) THIS Criminal Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 14.9.2007 in Case Crime No. 919-G of 1998 under Sections 467, 468, 420, 409, 471 and 477-A IPC, Police Station-Chakeri, District Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar. The facts of the case, in brief, are that a first information report was lodged by one Vijay Shankar Dubey, Commandant, P.A.C. 37 Battalion, Kanpur Nagar on 13.4.1999 under Sections 467, 468, 471, 477-A IPC Police Station-Chakeri, district-Kanpur Nagar. The Deputy Superintendent of Police (Anti Corruption) investigated the case and recorded the statement of Sri Vijay Shankar Dubey, Rakesh Chandra Mishra and Hakim Singh. The Investigating Officer investigated the case and submitted the chargesheet against the applicant on the ground that Rakesh Chandra Mishra has clearly stated against the applicant in the complicity of the case. After filing of the charge-sheet the applicant challenged the aforesaid charge-sheet before this Court.
(3.) THE main contention of learned counsel for the applicant is that in the present case no sanction for launching the prosecution under Section 197 Cr. P. C. has been accorded therefore, the entire proceedings against the applicant is illegal because the applicant is a government servant.;