NAND KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have filed this application for quashing the FIR of Konch PS Case No. 28 of 1989 under Sections 302 and 201 of the Indian Penal Code and 27 of the Arms Act (Annexure -3).

(2.) The case of the petitioners is that Konch PS Case No. 28/89 was registered against unknown and the police after investigation has submitted charge -sheet No. 11/95 dated 31.5.1995 under Sections 342/302/34/109/201 of the Indian Penal Code and 27 of the Arms Act against the petitioners (Annexure -3/1) but cognizance has not been taken by the Chief Judicial Magistrate, Gaya, where the case is still pending because of want of sanction by the State Government against the petitioners.

(3.) Earned Counsel appearing on behalf of the petitioners has submitted that in the charge -sheet (Annexure -3/1), the I.O. has stated that an application has been sent to Superintendent of Police, C.I.D. (C), Patna through proper channel for according sanction from the State Government but the sanction has not yet been obtained.