Shailendra Chouhan vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 89

IN THE HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J.
Shailendra Chouhan v. State of M.P.
Miscellaneous Criminal Case No. 46111, of 2022, (J); Decided on 27.1.2023

Advocates:
Rajas Pohankar for applicant; Ashish Kurmi, Panel Lawyer, for respondents.

Headnote:
Criminal P.C. 1973 -- Ss. 482 and 197 -- quashing of FIR -- sought on ground that sanction was not taken from competent authority before prosecuting public servant -- application rejected -- direction issued to seek relief first from trial Court -- accused at liberty to invoke section 482 only on being dissatisfied by orders of Courts below. [Para 3]
naM çfØ;k lafgrk] 1973 & èkkjk 482 rFkk 197 & çFke bfÙkyk fji¨VZ dk vfÒ[kaMu & bl vkèkkj ij ÃfIlr fd y¨d lsod d¨ vfÒ;¨ftr djus d¢ iwoZ l{ke çkfèkdkjh ls eatwjh ugha yh xÃ & vkosnu ukeatwj & çFker% fopkj.k U;k;ky; ls vuqr¨"k dh ÃIlk djus d¢ funs'k tkjh & fupys U;k;ky; ds vkns'k¨a ls vlarq"V g¨us ij gh vfÒ;qDr d¨ èkkjk 482 dk vkJ; ysus dh Lora=rkA ¼iSjk 3½

ORDER

1. This petition under section 482 of Cr.P.C has been filed for quashment of the FIR No.278/2020 dated 22.9.2020, registered at Police Station Belkheda, Tehsil Patan, District Jabalpur and also charge sheet dated 28.12.2020, registered as R.C.T.No.1270/2020 (State of M.P. v. Shailendra Chouhan) before JMFC, Patan, District Jabalpur on the ground that no sanction under Section 197 of Cr.P.C was taken from the competent authority before prosecuting the petitioner, as prosecution suffers from the statutory bar contained under Section 197 of Cr.P.C. Matter pending before the trial Court be quashed.

2. Learned Panel Lawyer for the State has opposed the quashment of proceedings and has submitted that applicant has not filed any application under section 197 of Cr.P.C before the trial Court contending that he is a public servant as defined under section 21 of IPC and therefore, he cannot prosecuted for an offence alleged to have been committed while acting or purporting to act in the discharge of his official duty. Therefore, it has been prayed that applicant be asked first to approach the trial Court to move an application under section 197 of Cr.P.C and to get proper order from the trial Court and then he adopting the due process of law he can approach this Court assailing the orders passed by the Courts below.

3. On a perusal of the order sheets drawn in the R.C.T.No.1270/2020, pending before the JMFC, Patan, it is revealed that after investigation, charge sheet has been filed against the applicant for commission of offence under section 304-A of IPC. No accusation has been stated or charge has been framed against the applicant/accused so far. Therefore, applicant is expected, first of all to move an application under section 197 of Cr.P.C before the JMFC concerned and to get order on that application from the concerned Court and if his application is rejected, he can approach the appropriate forum assailing the order passed by the learned JMFC. In case he finds no favour from the courts below then he shall be at liberty to file petition under Section 482 of Cr.P.C challenging the orders passed by the Courts below.

This petition is disposed of accordingly.

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