B T MALAMPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. counsel Mr. MM Tirmizi for ld. counsel Mr. Pritesh Parikh for the petitioners -original accused nos. 5 & 6 and ld. APP Mr. HM Prachchhak for respondent No.1 Served. Respondent No.2, though served, has opted not to appear.

(2.) The petitioners -original accused Nos.5 & 6 have preferred the present Cri. Rev. Application challenging the legality and validity of the order passed by ld. Addl. Sessions Judge (Fast Track Court), Dhrangadhra, District : Surendranagar dated 5.2.2004 dismissing the application Exh.9 for discharge submitted in Sessions Case No.14/1999. Vide application exh.9, the petitioners requested to drop the proceedings and discharge them as no case is made out against them and for the sake of arguments even if it is accepted that the petitioners or any of them can be prosecuted for the offences punishable under Sections 177,201 & 218 of the Indian Penal Code, even then, in absence of sanction required to be obtained under Sec.197 of CrPC, the prosecution is bad and ld.Addl. Sessions Judge can not take cognizance in absence of any legal and valid sanction. Original accused Nos. 1 to 4 are facing charged for the offences punishable under Sec.498-A, 501, 302 etc. of Indian Penal Code. Of course, the petitioners have been arraigned as accused for all the offences mentioned in the chargesheet by the police, but it is contended that they are innocent and they are unnecessarily dragged into serious criminal case.

(3.) It is averred in para-2 of the memo of Revision Application that in view of the nature of the allegations made against the present petitioners, this Court had granted anticipatory bail and till the date they are on bail. It was specifically pleaded before the trial Court that none of these two petitioners could have been prosecuted by the agency in absence of formal sanction under Sec.197 of CrPC and registration of a criminal offence in absence of such legal and valid sanction can be said to be an illegal institution of a criminal case.