BINDESWARI PRASAD BHARDWAJ Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate.

(2.) The petitioner is the accused in Crl. Case No. 1129/2015 pending before the Chief Judicial Magistrate, Gonda. He is aggrieved by the filing of the charge sheet against him and the summoning order, and has approached this Court by the present petition praying that the charge sheet and the proceedings of the said case be quashed.

(3.) The learned counsel for the petitioner submitted that there has been no sanction for his prosecution as is required under the provisions of Section 197 of the Code of Criminal Procedure (the 'Code'). Though emphasis on this aspect has been placed, it is not asserted that the petitioner falls in the category of public servants who cannot be prosecuted without a sanction under Section 197 of the Code.