VIJAY AMBADAS PAWAR Vs. AMRUT VASANTRAO DESHMUKH

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and learned A.P.P. for State finally. The learned counsel submits that the Petitioner has filed complaint because of which Crime No.121 of 2002 was registered. After completing the investigation, Respondent No.1 who was Investigating Officer, filed chargesheet against the accused in the said crime. It is stated that after recording evidence of some of the witnesses, it was revealed that Respondent No.1 had not discharged his duties in accordance with law and has favoured the accused persons during investigation. Consequently, Petitioner filed Application Exhibit 204/D seeking to add Respondent No.1 as accused in the said case. The J.M.F.C. after hearing the parties, passed an order rejecting the application on the ground that sanction to prosecute the Investigating Officer would be necessary.

(2.) The learned counsel for the Petitioner submitted that under the provisions of Section 319 of the Code of Criminal Procedure, it was necessary to proceed against the Investigating Officer.

(3.) Subsection (1) of Section 319 of the Code of Criminal Procedure reads as under: