- (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) This application u/s 482 Cr.P.C. has been filed with the prayer to quash the further proceeding of Case No. 804 of 2014 (State Vs. S.P. Phukla) under Sections 147, 149, 323, 339, 307 IPC, pending in the court of Chief Judicial Magistrate, Jaunpur and summoning order dated 2.12.1988 and also to quash the N.B.W. dated 4.1.2016.
(3.) Submission of the learned counsel for the applicant is that opposite party no. 2 was possessing Arm License which was cancelled and despite the order of the competent Authority for surrendering the fire arm he did not surrender the same in the Malkhana. When the Administrative Authority along with police personnel reached on the spot to take possession of the said Arm, resistance was made by the opposite party no. 2 and also committed the offence as alleged against the applicant and other Government employees. Criminal cases i.e. Case Crime No. 228 of 1986 and 229 of 1986 were registered against the opposite party no. 2, police submitted the charge sheet against the opposite party no. 2, trial is going on. It was further argued that applicant was performing his duty in compliance of order of Superior Authority. Offences levelled in the application under Section 156 (3) Cr.P.C. moved by the opposite party no. 2 are not attracted in the present matter against the applicant. Case was registered on the basis of order passed under Section 156(3) Cr.P.C. Police submitted final report thrice in the matter but the concerned Magistrate on the basis of protest petition took the cognizance in the matter without considering this fact that for taking cognizance against the applicant sanction of the State Government is must as applicant was performing official duty. It was further argued that applicant were not aware about the pendency of the criminal case, therefore, he could not appear before the court concerned. Proceeding of the aforesaid criminal case was started in the counterblast only to save the skin from the consequences of prosecution going on against the opposite party no. 2.;