MADAN MOHAN KESAR Vs. STATE

JUDGEMENT

(1.) By this petition filed under Section 482 Cr.P.C. the petitioner seeks quashing of Criminal Complaint No. 146 dated 02.05.1994 filed by respondent No.2/complainant against him under Section 342/506(1) IPC as well as the proceedings arising therefrom including the order dated 11.04.2002, whereby the petitioner was summoned to face the trial in that case. The petitioner is also aggrieved of the order dated 28.7.2004 passed by the Magistrate who has dismissed the application filed by him for recalling the order dated 11.04.2002 primarily on the ground that there was no sanction granted to the complainant under Section 197 Cr.P.C. to prosecute the petitioner who was working as a SHO in view of the notification No. F.10/77/78/HP -2 dated 07.04.1980 under Section 197 Cr.P.C. It was submitted that all the proceedings initiated against the petitioner becomes null and void as all the ranks of the Delhi Police who were charged with the maintenance of Public Order were protected vide the aforesaid notification. It is also pleaded that the incident is dated 17.5.1994 whereas on that day he was not working as SHO inasmuch as the petitioner had discharged his duties as SHO only from 28.5.1990 to 11.4.1994.

(2.) I have heard the learned counsel for the parties and have perused the written submissions filed on behalf of the complainant/respondent. However, the petitioner has not come forward with any written submissions.

(3.) Briefly stating the facts giving rise to filing of the present petition are that the complainant has filed a complaint dated 2.5.1994 against the present petitioner, wherein he made the following allegations: -