- (1.) B. A. Zaidi, J. The question in these proceedings under Section 482 Cr. P. C. is whether the trial is hit by the provision of Section 197 (1) Cr. P. C, since no sanction for prosecution has been obtained as the accused are Police Officers.
(2.) I have heard Sri S. K. Dubey, learned Counsel for the applicants and A. G. A. for the State. We do not propose to decide the issue on merits because the plea of bar of Section 197 (1) Cr. P. C. has not been raised by the accused before the trial Court. They did not even appear before the trial Court and have rushed straight to the High Court with this plea. The trial Court has been totally by-passed as if, it was a non-entity. The Trial is to proceed in the trial Court and the trial Court must have an opportunity to exercise its option, whether the Trial is hit by Section 197 (1) Cr. P. C. or not? The practise to running straight to the High Court without taking the requisite plea, before the trial Court, has been discouraged and discountenanced in quite a few cases, because it runs counter to the fundamental principle that any objection must be raised before the lowest Court which has jurisdiction, and further because, it leads to unnecessary pile up of cases before the High Court.
(3.) THE Principle of law that any such plea must be raised before the Court of lowest jurisdiction must hold ground, and the applicant must not be allowed to travel over the head of the trial Court and come straight to the High Court, as if they were mocking at the authority of the trial Court. Besides the High Court must have the advantage of having the views of the trial Court before it on the issue involved. For all these reasons, the application under Section 482 Cr. P. C. is held unmaintainable and is accordingly dismissed. Application dismissed. .;