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1997 Supreme(P&H) 1763

K.S.KUMARAN
Surjeet Singh – Appellant
Versus
Jit Singh – Respondent


Judgment

1. Petitioners-Surjeet Singh (a Sub Inspector of police) and Jagdish Chander (an Inspector of Police) have by means of this petition, approached this Court under Section 482, Cr.P.C. for quashing the order for framing the charge (annexure p-4), the charges framed (annexure P-5), and also and order dated 5-9-1997 (annexure P-6), by which the learned Additional Sessions Judge, Jagadhri dismissed the application filed by the petitioners and others for dismissal of the complaint on the ground that the complainant had not obtained sanction to prosecute the petitioners under Section 197, Cr.P.C.

2. The counsel for the petitioners was heard at the motion stage. The facts which are essential for our present purpose are as follows :-

3. Kuldip Singh (since deceased) was the brother of the complainant-Jit Singh. Jit Singh filed a complaint before the Judicial Magistrate Ist Class, Jagadhri (Criminal Complaint No. 19/2 of 1-3-1989) against (1) Vijender Singh, Sub Inspector, (2) Surjeet Singh, A.S.I. (Ist petitioner herein), (3) Jagdish Singh A.S.I. (second petitioner herein) and (4) Sahab Singh, Head Constable under Sections 302, 343, 511, 120-B and 34, IPC. In his complaint, among ot









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