SHYAM SUNDER AGRAWAL S/O LATE HARISHCHANDRA AGRAWAL Vs. STATE OF CHHATTISGARH THROUGH - STATION HOUSE OFFICER

JUDGEMENT

(1.) Heard.

(2.) The present petition is to quash the order dated 22.04.2015 passed by the Special Judge, Raigarh in Criminal Revision No.131/2014, whereby the revisional Court has affirmed the order dated 28.08.2014 passed in criminal case No.173/2013, by such order, prayer made by the petitioners to quash the proceeding initiated under Section 427 IPC on the ground that the police has not obtained the permission from the Court to investigate the case, was dismissed.

(3.) Learned counsel for the petitioners would submit that on a report made on 04.10.2012 by one Ramkishan Dalmiya the police registered an offence and subsequently the charge-sheet was filed under Section 427 IPC. It is stated that Section 427 IPC the offence being non-cognizable in nature the investigation cannot be carried out without the permission of the Court as per Section 155 (2) Cr.P.C. He, therefore, submits that the subsequent grant of permission by the Court even if was made, it was nonest and it cannot cure the inherent defect by retrospective operation.