Head Constable Gurdev Singh vs State Of Haryana And Others on 6 January, 2009

Crl. Misc No. M-28331 of 2008                                            1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                      Crl. Misc No. M-28331 of 2008
                                      Date of decision: 06.01.2009


Head Constable Gurdev Singh
                                                        ....Petitioner

                                      V/s


State of Haryana and Others
                                                        ....Respondents.

CORAM:HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Harnek Singh, Advocate
for the petitioner.

Mr. Tarun Aggarwal, Sr. DAG Haryana
for the respondent-State.

Mr. Krishan Singh, Advocate
for the respondent No. 3.

RAJAN GUPTA J.

An FIR was registered on the complaint of Sheo Ram under

Sections 148,149,447 and 506 IPC. Pursuant to the FIR registered under

the aforesaid sections on 26.04.2006, an investigation was carried out by the

police. The petitioner has approached this Court after lapse of two years

with the prayer for quashing of the FIR. The only ground agitated by the

counsel for the petitioner is that prior sanction for prosecution of the

petitioner was not sought from the competent authority, he being a

Government servant. On the other hand, counsel for the State contends that

charges in this case has already been framed and the case is fixed for

evidence. According to the counsel for the respondent, no prior sanction for

prosecuting the petitioner was required as offences were not committed by

him while discharging his official duty as Public Servant.
Crl. Misc No. M-28331 of 2008 2

I am of the considered view, that it is not a fit case to exercise

powers under Section 482 Cr.P.C. The factual issue involved cannot be

gone into at this stage by invoking inherent jurisdiction. As regards the

question of sanction, the petitioner is at liberty to raise all such contentions

before the trial Court at an appropriate stage.

The petition is hereby dismissed.

06.01.2009                                                (RAJAN GUPTA)
Ajay                                                         JUDGE