CHANDESHWARI PRASAD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing the State as well as learned counsel representing the informant.

(2.) Challenge in the present writ application is to Annexure-P/5 by which the learned 1st Additional Sessions Judge, Bhagalpur has refused to discharge the petitioner under section 227 of the Code of Criminal Procedure, 1973 on the ground that no sanction to prosecute the petitioner has been obtained in terms of Section 197(3) Cr.P.C., 1973

(3.) Learned counsel for the petitioner has drawn attention of this Court towards paragraph-4 of the impugned order wherein the submission of the petitioner based on a Full Bench judgment of this Court in the case of Sri Ram Rekha Pandey v. The State of Bihar and another reported in 2016(2) PCCR 448 (Full Bench) has been taken note of. Learned counsel submits that in terms of the full Bench judgment of this Court, the petitioner would be entitled to get protection under Section 197(3) Cr.P.C., 1973 at this stage because the materials available on the records would not disclose even his prima facie involvement. In the present case, it is submitted that the petitioner was acting in discharge of his official duty and there are ample materials to conclude a finding that in the nature of evidence available on the record sanction would be required at this stage itself to proceed further with the trial.