ORAL JUDGMENT :- Rule made returnable forthwith. Heard finally nsent of parties.

2. By this application under section 482, Criminal Procedure Code read Articles 226 and 227 of the Constitution of India, the applicant seeks to quash the order of the judicial Magistrate, First Class, 10th Court , Nagpur in under section 258 , criminal Procedure Code for stopping in prosecution and the order of the 2nd ad hoc Additional sessions judge , Ngpur conforming the said order in Criminal revision Application No. 276/2006 on 5-6-2006.

3. In order of the Judicial Magistrate, First Class, 10th Court, Nagpur in No. 681/2004 dated 5-12-2005 rejecting the application of the applicant section 258, Criminal Procedure Code for stopping the prosecution and the of the 2nd Ad hoc Additional Sessions Judge, Nagpur confirming the said in Criminal Revision Application No. 276/2006 on 5-6-2006.

3. In order to appreciate the grievance of the applicant it is necessary to see background of the case in brief:

A party was hosted by Police Head Constable to celebrate his promotion. A Khansama was called for cooking food. The said Khansama was subsequently beaten by the policemen who participated in the said party. As a result of the beating the Khansama died. His dead body was brought to the National Highway left there in order to make a show of accidental death. Initially accidental under section 174, Criminal Procedure Code was registered at Police , Buttibori (Nagpur). Subsequently offence under sections 302, 201, Indian Penal Code was registered by Nagpur Rural Police. On the request of Nagpur Rural Police, investigation was transferred to State CID. The State CID crime), Nagpur investigated into the matter and closed the prosecution in 1995 praying for A Summary. A Summary was granted by the concerned Magistrate. Feeling aggrieved by the closer of the case the widow of the said khansama filed Writ Petition No. 294/1996 before this Court. By order dated 147 this Court directed that an offence should be registered against the respondents therein and any other persons. This Court also directed CID (Crime) Nagpur to file charge-sheet after completion of investigation within two months. Accordingly charge-sheet came to be filed against those persons for the offence punishable under section 302 of Indian Penal Code. The Additional Sessions judge, Nagpur acquitted the accused therein by judgment dated 31-7-1998.

4. In the same writ petition this Court issued notice to the present applicant other police officers concerned with the investigation to show cause as to appropriate action, in accordance with law, should not be taken against them for dereliction of official duty. This court further directed the State to launch cution against the applicant and others under section 217 of Indian Penal and under any other relevant provisions of law. The investigating authority

however came to the conclusion that no offence was committed by the application others under section 217 read with section 34 of Indian Penal Code. Hen Summary was filed before the concerned Magistrate. The concerned Magistrate was rejected C Summary on 4-4-2002. Thereafter, reinvestigation was carried out State. A proposal for grant of sanction to prosecute the applicant and other moved on 20-3-2003. The State, however, refused to grant sanction communicated its decision by letter dated 24-8-2004. Despite refusal to sanction to prosecute, charge-sheet came to be filed against the applicant and others.

5. The applicant moved an application before the learned Magistrate stopping the proceedings under section 258 of Criminal Procedure Code. said application was rejected by the learned Magistrate. The said order confirmed by the revisional Court and hence the present application.

6. According to the applicant cognizance of the offence under section of Indian Penal Code cannot be taken by the Court in the absence of sanction under section 197 of Criminal Procedure Code. Both the Courts below commit

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