- (1.) Heard Sri D.P.Dhakarey and Sri Baleshwar Chaturvedi, learned counsel for the applicants, Sri Rakesh Doneria (Opposite Party no.2), who appeared in person and learned Additional Government Advocate for the State/opposite party no.1 and perused the record.
(2.) The applicants invoking inherent jurisdiction under Section 482 Cr.P.C. have filed this application with a prayer to quash the prosecution of the applicants as well as summoning order dated 30.04.2011 passed by Additional Chief Judicial Magistrate, Court No.12, Agra against them in Criminal Case No.2572 of 2010 (State vs. Iyush Kumar and others) arising out of Case Crime No.418 of 2010, under Sections 467, 471, 120-B, 192 I.P.C., Police Station Etmuddula, District Agra.
(3.) Issues involve in the instant case for consideration before this Court are as follows:- (a) Whether act done by the applicants in the present case was in official capacity in discharge of their official duty? (b) Whether applicants, who are public servant are protected under the provision of 168 of the Electricity Act? (c) Whether prior sanction under Section 197 Cr.P.C. is necessary in the present case before prosecuting the applicants? (d) Whether charge-sheet could be submitted in this case against the applicants without prior sanction under Section 197 Cr.P.C.? (e) Whether Magistrate concerned has committed legal error in taking cognizance and summoning the applicants to face trial in absence of prior sanction under Section 197 Cr.P.C.? ;