B K TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) B. A. Zaidi, J. The question in these proceedings under Section 482 Cr. P. C. is whether the trial is hit by the provision of Section 197 (1) Cr. P. C, since no sanction for prosecution has been obtained as the accused are Police Officers.

(2.) I have heard Sri S. K. Dubey, learned Counsel for the applicants and A. G. A. for the State.

(3.) THE Principle of law that any such plea must be raised before the Court of lowest jurisdiction must hold ground, and the applicant must not be allowed to travel over the head of the trial Court and come straight to the High Court, as if they were mocking at the authority of the trial Court. Besides the High Court must have the advantage of having the views of the trial Court before it on the issue involved.