SITA RAM KHOJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner with a prayer for setting aside the order dt. 24.1.2014 passed by Sessions Judge, Sirohi (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No. 145/2012 whereby the revisional Court, while partly allowing the revision petition, has affirmed the order dt. 27.4.2012 passed by Judicial Magistrate Sirohi (hereinafter referred to as 'the trial court') whereby the trial Court ordered for taking cognizance against the petitioner for the offences punishable under Secs. 166 and 188 I.P.C. read with Section 29 of Police Act, 1981. Learned counsel for the petitioner has argued that before ordering for taking cognizance against the petitioner, no prosecution sanction was sought by the trial Court as per the provisions of Section 197 Cr.P.C. It is also argued by learned counsel for the petitioner that in absence of prior prosecution sanction by the competent authority, the order of taking cognizance against the petitioner is liable to be set aside.

(2.) LEARNED counsel for the petitioner has placed reliance upon the judgment dt. 10.10.2014 passed by a Coordinate Bench of this Court in Devi Dan vs. State of Rajasthan (S.B. Criminal Misc. Petition No. 2177/2013).

(3.) HEARD learned, counsel for the petitioner and perused the impugned orders.