TEK CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) BY moving the present application under Section 482 Cr.P.C., the applicant, constable Tek Chandra, has requested that chargesheet against him in Case Crime No. 312 of 2011, under Sections 223 and 224 I.P.C., Police Station Janakpuri, District Saharanpur, be quashed along with entire proceedings in Case Crime No. 358 of 2012 arising out of the above chargesheet. It has been argued that the applicant at the time of occurrence was a constable and, as such, he being a public servant, the prosecution against him without obtaining this sanction is legally not maintainable and, as such, the entire proceedings deserves to be quashed being violative of Section 197 Cr.P.C.

(2.) HEARD learned counsel for the applicant and learned AGA for the State.

(3.) SECTION 197 Cr.P.C. reads as follows: -