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2024 Supreme(Raj) 672

SUDESH BANSAL
Dharamveer Singh S/o Shri Bhawani Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Gupta, Sr. Adv. assisted by Mr. Saurabh Pratap Singh, Mr. Gaurav
For the Respondent: Mr. S.S. Mahla, PP

JUDGMENT :

SUDESH BANSAL, J.

1. In the present petition filed under Section 482 Cr.PC, the issue falls for consideration is, as to whether the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against the petitioner, a public servant, posted as Station House Officer (SHO), Police Station Masooda, is sustainable in law, for want of prior sanction, which is a statutory requirement in view of Section 197 Cr.PC, for initiating criminal prosecution of a public servant?

2. Petitioner has prayed for following relief:-

    “It is, therefore, humbly prayed that your lordships may very graciously be pleased to allow/accept this Misc. Petition and the order dated 31.05.2011 (Annexure-4) passed by learned Additional District and Sessions Judge Beawar, District Ajmer dismissing the revision No.24/2009 and the order dated 30/1/2009 (Annexure-3) passed by the learned Additional Civil Judge (Jr. Div.) and Judicial Magistrate First Class, No.2, Beawar, District Ajmer (Raj.) in complaint No.7/2009 taking cognizance Under Sections 323 and 504 I.P.C. against the petitioner may kindly be quashed and set aside and complaint (Annexure-1), filed by the complainant and all su

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