HARISH CHANDRA SINGH ALIASIPSALIAS Vs. UNION OF INDIA

JUDGEMENT

(1.) B. K. Rathi, J. This petition has been filed to quash the proceedings of Criminal Case No. 279 of 2000 under Sections 302, 468, 217, 218, 201, 120-B, 176 and 177 read with Section 34 IPC pending in the Court of Chief Judicial Magistrate, Saharanpur.

(2.) THE facts giving rise to this petition are as follows:

(3.) TWO contentions have been raised in this petition. The first is that there is no proper sanction for prosecution under Section 197 Cr. P. C. and, therefore, the prosecution is bad. The other contention is that the matter was investigated by an officer of an Inspector rank of C. B. C. I. D. who is a non-gazetted officer. As against this, the petitioner is a Gazetted Officer of the rank of Superintendent of Police and, therefore, according to clause 1 (3) of paragraph 486 of U. P. Police Regulations the investigating officer should be of higher rank than the officer charged. The provisions of Regulation is mandatory and any investigation in violation of the provisions of the said paragraph will be illegal and is liable to be quashed.