PRAHLAD SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAHLAD Singh has come to this Court in this petition under Section 482 Cr.P.C. for quashing of FIR No. 241 registered at police station City Hissar for offences under Sections 409, 420 & 34 Indian Penal Code.

(2.) THE brief facts of the present case are that Prahlad Singh while employed as Head Constable (now Sub Inspector) was entrusted with the Challan file relating to FIR No. 409 registered on July 1, 1980 against Kewal Krishan and others. This challan was, however, not presented in the Court nor was handed over to any of the officials of that Court. The petitioner, however, made an entry in the register showing due submission of that challan in the Court. It was subsequently found that the petitioner had misappropriated the documents forming the challan and also falsified the official record.

(3.) IT is conceded at the bar that no sanction for prosecution of the petitioner as contemplated by Section 197 Cr.P.C. had been obtained. The Assistant Advocate General has tried to justify this act of the State on the basis that no sanction was required at the complained act was not done in performance of the official duty of the petitioner. Section 197(1) reads as under :-