KRISHANDUTT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under S. 482, Cr.P.C. challenging the order dated 2-8-1996 passed by Special Judge, A.C.D. Cases, Jodhpur.

(2.) A trap was laid by Dy. S.P. A.C.O.P., Nagaur while the petitioner was posted as B.D.O. in Panchayat Samiti, Ladnu, Distric, Nagpur Investigation was subsequently handed over to the Addl. S.P., A.C.D., Ajmer under the direction of D.G.P., Jaipur. After investigation, a final report was submitted before the trial Court. The final report had duly been endorsed by D.G.P A.C.D., Jaipur. The trial Court without discussing the material on record returned back the final report to Investigating Officer to get sanction for prosecution against the petitioner vide order dated 2-8-1996. Hence this petition.

(3.) The only question to be determined in the present petition is whether the trial Court could have asked the Investigating Agency to get the sanction for prosecution.