CHARAN SINGH Vs. M R DHAWAN

JUDGEMENT

(1.) This order will dispose of three petitions Cr.M. (M) 99, 91 and 119 of 1982.

(2.) The respondent 'filed on 4-6-1980 a complaint against 8 accused persons under sections 166, 167, 218, 343, 500 and 120-B Indian Penal Code . The complainant examined himself and ten other witnesses. A question arose before the learned Magistrate whether any section for- the prosecution was or was not necessary under section 197 Criminal Procedure Code . The learned Metropolitan Magistrate did not consider that any sanction, for prosecution was necessary and directed issue of process against the accused by his order dated 9-9-1980. One of the accused Shri V. V. Nagarkar challenged this issue of process by a petition Cr.M.(M) 49/81 in this court. My decision in that petition was given on 23-7-1981 vide V. V. Nagarkar v. M. R. Dhawan, 20 (1981) DLT 203(1). I reproduce the relevant conclusions:

(3.) The learned Magistrate by his impugned order of 10-2-1982, (1) did not proceed against Nagarkar and deleted his name from the array of accused, and (2) confined the court's observations to V. V. Nagarkar only and as regards the remaining seven accused, he said that he was precluded from reconsidering the earlier order made by his predecessor on 9-9-1980 that sanction was not necessary; he further held that the sanction filed was redundant. He, therefore, rejected the applications of the petitioners. By a separate order of the same date, he adjourned the case to 6-3-1982 for evidence of the complainant before charge. Hence, these three petitions by Shri Charan Singh, Shri T. C. A. Srinivasavardhan, and Shri F. C. Sharma, in which they question the validity of the order of 10-2-1982. These do not seek to quash the separate order directing production of evidence. These are being disposed of by this common order.