LAWS(JHAR)-2009-8-150

BIRENDRA PRASAD SINGH Vs. STATE OF JHARKHAND

Decided On August 10, 2009
BIRENDRA PRASAD SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS is an application for quashing the order dated 22.6.2007 passed by S.D.J.M., Dhanbad in C.P. Case No. 526 of 2000 whereby and whereunder cognizance under section 323, 342, 193 read with section 34 of the IPC has been taken against the petitioners.

(2.) IT is submitted by the petitioners that in the complaint petition it is alleged that the petitioners had obtained signature of complainant on seizure list. It is further submitted that the petitioners are police officers and they have obtained the signature of complainant, who is accused of Dhansar P. S. Case No. 274 of 2000, in course of investigation of the said case. Thus protection under section 197 of the Cr.P.C. is available to the petitioners. It is submitted that since the cognizance has been taken without obtaining the sanction of State Government, therefore, the impugned order is illegal and cannot be sustained by this Court.

(3.) HAVING heard the submission, I have gone through the record of the case. Sub Section (1) of Section 197 of the Code of Criminal Procedure reads as follows: - 197. Prosecution of Judges and public servants. -