SURESH KUMAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. R. Borthakur, learned Senior Advocate for the petitioner and Mr. P. C. Gayan, learned Public Prosecutor.

(2.) THIS revision is directed against the order, dated 4. 3. 2002 passed by the Additional Chief Judicial Magistrate; Nagaon in GR Case No. 1003/2000 whereby charge under Section 218/409 IPC, was framed against the accused petitioner.

(3.) THE framing of charge in this case has been challenged, firstly on the ground that the petitioner being a Govt. servant serving as S. I. of Police at the relevant time, sanction under Section 197, Cr. P. C. is a must before taking cognizance. The records were called for and on perusal of the records, we find that the Superintendent of Police, Nagaon, Assam had accorded prosecution sanction by order, dated 27. 2. 2001 and the copy of the sanction letter is available on record. Whether the said sanction is a valid and proper sanction in the eye of law will be considered by the trial Court during trial only.