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2016 Supreme(All) 3313

ABHAY MAHADEO THIPSAY
Bindeswari Prasad Bhardwaj – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- Ram Pratap Singh Chauhan and Dhirendra Singh Panwar, Advocates.
For the Opposite Party :- Govt. Advocate.

JUDGMENT

Abhay Mahadeo Thipsay, J. –

Heard the learned counsel for the petitioner and the learned Additional Government Advocate.

2. The petitioner is the accused in Crl. Case No. 1129/2015 pending before the Chief Judicial Magistrate, Gonda. He is aggrieved by the filing of the charge sheet against him and the summoning order, and has approached this Court by the present petition praying that the charge sheet and the proceedings of the said case be quashed.

3. The learned counsel for the petitioner submitted that there has been no sanction for his prosecution as is required under the provisions of Section 197 of the Code of Criminal Procedure (the 'Code'). Though emphasis on this aspect has been placed, it is not asserted that the petitioner falls in the category of public servants who cannot be prosecuted without a sanction under Section 197 of the Code.

4. When this is found, the learned counsel for the petitioner submitted that the order taking cognizance is bad, as the same has been passed on a 'printed proforma' mechanically. According to him, this shows non-application of mind.

5. I have gone through the summoning order. The order is a typewritten one, with dates, names, etc., put














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