MOHD BASHIR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS invoke the Revisional as also the inherent jurisdiction of this Court to set aside order dated 15.05.2006 of learned Sessions Judge, Poonch, whereby petitioners had been charged under Sections 302, 120 -B, 34 R. P. C. and 7/27 Arms Act.

(2.) SH . R. P. Sharma, learned counsel appearing for the petitioners, submits that the trial Court has erred in rejecting the prayer of the petitioners for re -investigation of the case and dropping the proceedings in the absence of sanction under Section 197 of the Code of Criminal Procedure.

(3.) LEARNED counsel refers to Sankaran Moitra v/s Sadhna Das & anr., reported as 2006 (3) SCALE 414 in support of his submissions that the proceedings before the learned Sessions Judge, Poonch, need to be quashed in the absence of sanction under Section 197 of the Code of Criminal Procedure.