VED PRAKASH GOVIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Upendra Vikram Singh, learned counsel for the applicant and Sri Uday Bhan, learned AGA for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the summoning order dtd. 31/5/2014, under Sec. -465 IPC, Police Station-Chamanganj, District-Kanpur Nagar and the entire proceeding of Complaint Case No.356 of 2014 (Om Prakash Agrawal Vs. V.P. Govil and others), pending in the court of MM-IV, Kanpur Nagar.

(3.) Learned counsel for the applicant submits that the applicant had retired as an Executive Engineer in 2010, and after his retirement, the impugned complaint was filed In 2014, the summoning order was passed on 15/4/2014. Thereafter, the applicant, after obtaining bail, filed an application dtd. 19/6/2015 that complaint itself is barred for want of proper sanction u/s 197 Cr.P.C., which was heard on 1/9/2015, but disposal of same was postponed till the evidence stage. Now, after almost four years, the applicant has challenged the impugned criminal proceeding on the ground that prior sanction u/s 197 IPC was not taken before lodging the complaint above or before taking cognizance of the aforesaid complaint.