RAM SINGH VISHNOI S/O SHRI RAM CHANDRA AT PRESENT GANNA SUPERVISOR IN SUGAR MILL Vs. STATE OF UTTARANCHAL AND R.S. TOMAR S/O SHRI CHANDAN SINGH AT PRESENT PRINCIPAL MANAGER IN SUGAR MILL

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 120 of 2004 State v. Ram Singh Vishnoi and Ors. relating to offences punishable under Sections 420, 467, 468, 471, 472, 473 and 120B I.P.C., pending in the court of Civil Judge, Jr. Div./Judicial Magistrate, Kashipur.

(2.) HEARD learned Counsel for the parties and perused the affidavit and counter affidavit on record.

(3.) LEARNED Counsel for the petitioner drew attention of this Court to annexure -4 to the petition, which is copy of order, passed by Joint Cane Commissioner, refusing the sanction for prosecution of the petitioner. Learned Counsel for the State, pointed out that said order pertains to prosecution in respect of offence punishable under Section 13 of Prevention of Corruption Act, 1988. It is argued on behalf of the State that no permission was required in connection with the forgery, committed by the petitioner, which was not an act in discharge of the official duty.