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2001 Supreme(P&H) 302

K.S.GAREWAL
Balbir Singh – Appellant
Versus
State Of Punjab Through C. B. I. – Respondent


Judgment

K.S.Garewal, J.

1. The petitioners are facing trial before learned Additional Sessions Judge, Patiala in a quadruple murder case on the basis of the F.I.R. No. RC-13(S)/97/SIU-XVI/JMU dated February 28, 1997 under sections 364/302/34 read with Sections 120-B/201/218 of the Indian Penal Code. The petitioners presented an application before the learned trial judge under section 227 Cr.P.C. seeking discharge on the ground that court could not take cognizance of the offences without the sanction of the Central Government. In the present case, sanction for prosecution had been granted by the State Government. The trial Judge came to the conclusion that sanction of the Central Government under section 6 of the Punjab Disturbed Area Act, 1983 was not required because the petitioners had not been found to have acted in discharge of their duty. The petition was accordingly dismissed on January 31, 2000.

2. The petitioners contended that on July 22, 1993 at 3.00 A.M. the petitioners were members of a police party which had set up a picket near Palasaur alongwith 31 other personnel. At 4.30 A.M. two scooters approached the picket each carrying two riders. They were signalled to stop b





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