PHOOL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ARGUMENTS were heard. During course of arguments, learned counsel for the petitioner pointed out that in the facts of the present case, sanction under Section 197, Code of Criminal Procedure was a necessary pre-requisite before the Court could take cognizance. It was pointed out to him and thereupon he fairly conceded that this particular fact has not been agitated before learned Judicial Magistrate Ist Class, Ambala City.

(2.) LEARNED counsel seeks that he may be permitted to file an appropriate application with the concerned Court at Ambala City pertaining to the above question and that learned Judicial Magistrate may be directed to decide the application within the stipulated period.

(3.) IN the face of the aforesaid the revision petition is dismissed as withdrawn. Petitioner is given liberty to file an application with the learned Judicial Magistrate, Ambala City. Learned Judicial Magistrate shall dispose of the said application within three months of the filing of the application. Nothing said herein would be taken as an expression of opinion and if need arises, the petitioner can approach this Court with the pleas available to him. Order accordingly.