Mehinder Singh Sullar - (1.) THE crux of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, initially, complainant Man Singh son of Lijja Ram (since deceased), being represented by his son Randhir Singh (petitioner), instituted a criminal complaint (Annexure P1) against Mehal Pal, Suresh Pal, Ramesh Chand sons of Kundan Lal, Om Parkash Godara, Consolidation Officer (for brevity "C.O."), Dalbir Singh, Kanungo and Pardeep Kumar, Patwari of Consolidation department, private respondents-accused Nos.1 to 6, for the commission of offences punishable under Sections 420, 467, 468 and 471 IPC.
(2.) TAKING cognizance of the complaint and considering the preliminary evidence, the Magistrate summoned the accused to face the trial under Sections 420, 466, 468, 471 and 120-B IPC, vide summoning order dated 6.7.2009 (Annexure P2). In pursuance of the indicated summoning order, Om Parkash Godara, C.O. (respondent No.1-accused No.4) appeared in the Court and moved an application (Annexure P3), for rejecting the complaint qua him for want of statutory sanction under section 197 Cr.PC.
(3.) THE complainant filed the reply (Annexure P4) to the application, taking certain preliminary objections of, maintainability of the petition, cause of action and locus standi of respondent No.1. It was alleged that since he (respondent No.1) has committed the offences of cheating and forgery, so, no sanction under section 197 Cr.PC is required. Thus, while denying the other allegations, the complainant prayed for dismissal of the application.;