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1998 Supreme(All) 1002

S.K.PHAUJDAR
RAM PAL SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.V.GOSWAMI

( 1 ) THROUGH the present application under Section 482 Cr. P. C. the applicants had prayed for quashing a criminal case No. 1561 of 1998, pending in the court of C. J. M. Bareilly, (State V. Rampal) under sections 302, 307/34, I. P. C. It is stated the applicants were public servants protected under Section 197, Cr. P. C. and cognizance was taken upon a charge-sheet dated 20-12-1992 along with a sanction dated 29-12-1991 and the sanction was bad in law as the sanctioning authority did not take into consideration all the relevant papers. An objection to this effect was taken before the court below, but the same was disallowed on 6. 8. 1998.

( 2 ) THE prosecution against the two applicants was launched through case Crime No. 164-A of 1995 for an incident that took place on 5. 6. 1995 at about 9. 00 A. M. The report was lodged on the next day at about 7. 10 P. M. Informant was one Lochan Singh. It was stated in the F. I. R. that on the date of occurrence while Ram Kishore and others were proceeding on a Bus towards their village home and the Bust reached Deochara crossing, the Sub-Inspector of Police, ram Pal Singh, and his security guard Constable Gopal Singh dragged these persons o









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