JASMEET SINGH Vs. SHAFI AHMED

JUDGEMENT

(1.) The petitioners (petitioner No. 1, the then Branch Manager, Kotranka, Rajouri Branch of J&K Bank Ltd. and petitioner No. 2, Zonal Head, Jammu West Zone, Rajouri of J&K Bank Ltd.) have filed the instant petition for quashing the proceedings of the complaint No. 77/complaint, titled "Shafiq Ahmed vs. Jasmeet Singh and another" as well as the order dtd. 27/10/2018, whereby the learned Chief Judicial Magistrate, Rajouri (for short "the trial court") has issued the process against the petitioners for commission of offences punishable under Ss. 504, 506 and 420 RPC.

(2.) Quashing of the proceedings is sought on the ground that the learned trial court erred in issuing process without first directing an investigation or inquiry. The petitioners contend that the complaint is based on frivolous and unsubstantiated allegations that do not warrant the initiation of criminal proceedings.

(3.) Learned counsel for the petitioners has submitted that the petitioners are public servants within the meaning of Sec. 21 of RPC, and as such, they cannot be prosecuted without prior sanction from the competent authority under Sec. 197 Cr. PC. He further submits that the learned Magistrate ought to have directed an investigation instead of taking cognizance and issuing process against the petitioners. It is also submitted that the learned trial court has issued the process in utter disregard to the judgment of the Honble Supreme Court of India in case titled, ,,Pepsi Foods Ltd. vs. Special Judicial Magistrate reported in (1994) 5 SCC 749.