Court No. - 28 Case :- APPLICATION U/S 482 No. - 232 of 2010 Petitioner :- Surendra Kumar Sharma Respondent :- State Of U.P. And Another Petitioner Counsel :- Rahul Chaturvedi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the offences alleged to
have been committed by the applicant were committed in discharge of
official duties. Therefore, a sanction under section 197 Cr.P.C. was necessary
before launching the prosecution and taking of cognizance of the offences. It
was also submitted that the appropriate authority had refused to accord
sanction under section 197 Cr.P.C. and despite that refusal the investigating
officer filed the charge sheet.
Notice on behalf of the respondent no.1 has been accepted by the learned
Government Advocate. Issue notice to the respondent no.2. Counter affidavit
if any within four week and rejoinder if any within two week thereafter. List
after six week. The further proceedings in the criminal case no. 4965/IX/08
(State Vs. Ashok Kumar and another) under sections 420, 467, 468, 471 and
120B I.P.C., P.S. Kotwali, District Mathura pending in the court of Chief
Judicial Magistrate, Mathura shall remain stayed till the next date of listing.
Order Date :- 13.1.2010
MTA