GURCHARAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present revision lays challenge to judgment dated 28.4.2012 passed by the Sessions Judge, Sirsa, whereby the appeal preferred by the petitioner against judgment passed by the Judicial Magistrate Ist Class, Ellenabad dismissing Criminal Complaint No. 111-1 of 2004 titled "Gurcharan Singh vs. Indraj etc." under Sections 379, 166 IPC acquitting the accused (respondent Nos. 2 and 3 herein) was dismissed while affirming the finding recorded by the trial Court.

(2.) Counsel for the petitioner would argue that the appellate court has dismissed the appeal primarily on the ground that as the accused are public servants and as such no such prosecution could be launched against them without obtaining sanction under Section 197 of the Code of Criminal Procedure (for short "the Code"). It is further argued that even otherwise, the Courts below have wrongly and illegally discarded evidence adduced by the complainant to prove culpability of accused Inderaj of committing theft of 48 plates of the solar system installed in his field on the intervening night of 15/16.6.2003.

(3.) I have heard counsel for the petitioner and gone through the case file.