AARIF ABDUL RAHIM MAKRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant, by way of this application, has prayed to quash and set aside the order dated 12. 02. 2008, passed by the learned Fast Track Court No. 3, Surat passed in Criminal Revision Application Nos. 122 of 2007 and 123 of 2007, whereby the said applications were rejected and further to quash and set aside the order dated 31. 03. 2008 passed by the learned Magistrate, Mangrol, whereby Criminal Inquiry No. 2 of 2006 was dismissed with a direction to the applicant to produce the sanction from the Government to prosecute respondents nos. 2 to 4.

(2.) THE short facts of the case are that during January, 2006, respondent no. 2 was serving as a Police Sub-Inspector whereas, respondents nos. 3 and 4 are the Police Constables were serving as such at Mangrol Police Station. On 07. 01. 2006, respondent no. 2 had a quarrel with the brother of the applicant, named Irfan and, therefore, a complaint to that effect was filed against respondent no. 2. As a result thereof, respondent no. 2 threatened Irfan that he would registered a false case against him under the provisions of PASA Act.

(3.) THE learned counsel for the applicant has submitted that if the illegal act is committed by the public servant, no sanction u/s. 197 of Cr. P. C. is required to prosecute such public servants. He further submitted that the case against the applicant is concocted one and that while conducting the inquiry, in inquiry case No. 6 of 2006, neither the evidence were recorded nor any statement of the witnesses were recorded.