KULDIP BABBAR Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of Criminal Procedure wherein the following prayers have been made : Issuing appropriate directions to the State (Chandigarh Administration) to consider and dispose of in a time bound manner, by passing a speaking order, the petition/application dated 16.2.2005 made to His Excellency The Governor of Punjab and the Administrator, Chandigarh for granting permission to the petitioner under Section 197 Cr.P.C. to prosecute the officers viz., D.S.P. Arjan Singh Jaggi, Insp./SHO Mastan Singh, S.I. Sarwan Singh, L/S.I. Geeta Sharma and L/S.I. Kulvir Kaur of the Chandigarh Police, for their acts of commission and omission committed during the registration, investigation and trial of case/FIR No. 36 dated 23.4.1998, Police Station, Sector 19, Chandigarh under Sections 406/498-A IPC disposed of by the Hon'ble Trial Court on 8.12.2004;

(2.) CONCEDEDLY , the petitioner has already filed a complaint under the provisions of Section 190 of the Code of Criminal Procedure and cognizance thereof had been taken by the Court of competent jurisdiction. Along with the complaint the petitioner also moved an application under Section 156(3) of the Code of Criminal Procedure for registration of a case against the police officials and the respondents in the complaint. The said application was dismissed and against the said order dated 11.10.2005 the petitioner went up in revision with a prayer for setting aside the said order. The revision petition was also dismissed on 27.5.2006. The petitioner thereafter moved an application to withdraw the complaint which was allowed on 19.8.2006. The only reason for withdrawal of the aforesaid complaint was that sanction under Section 197 of the Code of Criminal Procedure had not been accorded for prosecuting the persons mentioned in the complaint.

(3.) ACCORDING to the petitioner, all the 33 persons named therein were instrumental in getting a false case foisted upon him and hence they committed an offence under Sections 34, 109, 114, 116, 118, 119, 166, 167, 120-B, 182, 193, 196, 201, 211, 218, 323, 327, 347, 355, 384, 385, 387, 389, 406, 420, 424, 452, 465, 467, 468, 469, 471, 474, 494, 500, 506 of IPC. It is also pertinent to note here that the petitioner had made a prayer that the said matter pertaining to these persons be entrusted to the Central Bureau of Investigation for investigation.