CHINTAMANI SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is a petition for quashment of the order dated 12. 2. 2009 passed by Second additional Sessions Judge, Baloda Bazar in criminal revision affirming the order dated 13. 3. 2007 passed by Judicial Magistrate first Class, Baloda Bazar in criminal case no. 629/04 whereby prayer for discharge was rejected.

(3.) ORDER is challenged on the ground that without any prima facie material for taking cognizance court below has taken cognizance for the offence punishable under sections 467, 468, 471, 420/34, 409/34 of the indian Penal Code. Court below has also taken cognizance without sanction as required under Section 197 of the Code of criminal Procedure, 1973 (hereinafter referred to as 'the Code' ).