SUBHASH S AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have challenged the impugned order dated 26-6-1998 passed by 2nd Additional Sessions Judge, Dhule (Sessions judge) , whereby the matter has been remanded for issuance of summons after following the procedure of sections 202, 204 of Criminal Procedure Code. The earlier order of issuance of summons against the accused persons were cancelled. Therefore, present Writ Petition.

(2.) Petitioner No. 1 at the relevant time was Engineer of Municipal Council, dhule. Petitioner No. 2 at the relevant time was serving as Inspector of municipal Council, Savada, Dhule. As per official instructions and communications, they were discharging their duties by removing the unauthorised construction which included the construction of the complainant. The Complainant therefore, has filed the complaint under sections 147, 395, 504, 506, 192, 464, 34 of Indian Penal Code before the Court of Judicial Magistrate first Class (J. M. F. C. ) Dhule.

(3.) As recorded above, the order of issuance of process was quashed and set aside, in view of the earlier proceedings initiated by the petitioners. The issue therefore, need to address at this stage which goes to the root of the matter is that there is no sanction obtained and/or placed on record by the concerned authorities as contemplated under section 197 of the Criminal Procedure Code (Cr. P. C. ).