SURINDER BHAGAT Vs. MOHINDER KUMAR

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 561-A Cr.P.C, now Sec. 482 Cr. P.C. for quashing the complaint, titled, 'Mohinder Kumar vs. Mohd Hanief and others' pending before the Court of Special Railway Magistrate, Jammu (hereinafter to be referred as 'the trial court') and also the order dtd. 14/1/2012, whereby process has been issued against the petitioners.

(2.) Before this court proceeds further, it is apt to note that the respondent No.3, who was the third accused along with the petitioners died during the pendency of the complaint. The petitioners have sought the quashing of the aforesaid complaint on the ground that no offence is made out against them and that the petitioner No. 1 had been serving as a Gazetted Officer and as per the requirement of law under Sec. 197 Cr.PC, no criminal proceedings could have been initiated against him without obtaining prior sanction from the Competent Authority,

(3.) Despite notice, the respondents have not chosen to appear, therefore, this Court heard the arguments on behalf of the petitioners only.