SHAILENDRA CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C has been filed for quashment of the FIR No.278/2020 dtd. 22/9/2020, registered at Police Station Belkheda, Tehsil Patan, District Jabalpur and also charge sheet dtd. 28/12/2020, registered as R.C.T.No.1270/2020 (State of M.P. Vs. Shailendra Chouhan) before JMFC, Patan, District Jabalpur on the ground that no sanction under Sec. 197 of Cr.P.C was taken from the competent authority before prosecuting the petitioner, as prosecution suffers from the statutory bar contained under Sec. 197 of Cr.P.C. Matter pending before the trial Court be quashed.

(2.) Learned Panel Lawyer for the State has opposed the quashment of proceedings and has submitted that applicant has not filed any application under Sec. 197 of Cr.P.C before the trial Court contending that he is a public servant as defined under Sec. 21 of IPC and therefore, he cannot prosecuted for an offence alleged to have been committed while acting or purporting to act in the discharge of his official duty. Therefore, it has been prayed that applicant be asked first to approach the trial Court to move an application under Sec. 197 of Cr.P.C and to get proper order from the trial Court and then he adopting the due process of law he can approach this Court assailing the orders passed by the Courts below.

(3.) On a perusal of the order sheets drawn in the R.C.T.No.1270/2020, pending before the JMFC, Patan, it is revealed that after investigation, charge sheet has been filed against the applicant for commission of offence under Sec. 304-A of IPC. No accusation has been stated or charge has been framed against the applicant/accused so far. Therefore, applicant is expected, first of all to move an application under Sec. 197 of Cr.P.C before the JMFC concerned and to get order on that application from the concerned Court and if his application is rejected, he can approach the appropriate forum assailing the order passed by the learned JMFC. In case he finds no favour from the courts below then he shall be at liberty to file petition under Sec. 482 of Cr.P.C challenging the orders passed by the Courts below.