SURINDER CHAUDHRY Vs. C.B.I.

JUDGEMENT

(1.) This petition, under Article 226/227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, has ft been filed for quashing of the fresh challan as well as proceedings pending before the Court of learned Chief Judicial Magistrate, Shimla, who has taken cognizance of the matter vide order dated 14th of July, 1994.

(2.) In the petition, it has been said that five accused were originally tried and as two of the accused were public servants, there was no proper sanction for proceeding against them and the said sanction was held invalid.

(3.) The learned Court of Special Judge absolved these two public servants of their involvement and it was further observed that they are honorably discharged. The judgment, dated 30th of April, 1988, has been placed on record of this case as Annexure P -1.