Court No. - 50 Case :- CRIMINAL REVISION No. - 126 of 2010 Petitioner :- Devendra Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Vinod Kumar Singh Parmar,V.P. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard Shri V.P. Srivastava Senior Advocate assisted by Shri
Vinod Kumar Singh for the revisionist.
Application for discharge moved on behalf of the revisionist is
dismissed by means of the impugned order dated 23.12.2009.
Whatever offence is alleged to be committed by the revisionist is
while performing his official duty as he was posted as Assistant
Development Officer. He has gone to execute certain orders
alongwith police force and therefore prior sanction under section
197 Cr.P.C. is a condition precedent.
Perusal of the impugned order shows that the question of sanction
has not been taken into consideration on the ground that he is not
working on a post removable by the State Government.
Learned A.G.A. accepted notice on behalf of respondent No.-1. He
prays for and is allowed four weeks time to file counter affidavit to
give specific reply to the said argument. Issue notice to the
O.P.No.-2 returnable at an early date. Respondent No.-2 may file
counter affidavit within period of three weeks from the date of
receipt of notice. Rejoinder affidavit may be filed within three
weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned order dated
23.12.2009 rejecting discharge application as well as further
proceeding in Case No. 102 of 2008 (State Vs DEvendra Singh
and others) under section 354, 392, 504 and 506 I.P.C. pending in
the Court of A.C.J.M. II, Mirzapur shall remain stayed.
Order Date :- 13.1.2010
S.A.A.Rizvi