Court No. - 70 Case :- APPLICATION U/S 482 No. - 16254 of 2012
Applicant :- Dr. Sunil Kumar And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Raghuraj Kishore
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Raghuraj Kishore, learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 12.07.2011 as well as the entire proceedings of Case No. 1602 of 2011 arising out of Case Crime No. 295 of 2011, under section 153-A of I.P.C., police station Medical, district Meerut pending in the court of Additional Chief Judicial Magistrate-II, Meerut. It is submitted by the learned counsel for the applicants that on 30.05.2011, first information report was lodged by Sompal Singh, Sub-Inspector against the applicants registered as Case Crime No. 295 of 2011, under section 153-A of I.P.C. at police station Medical, district Meerut, in which charge sheet was submitted on 12.07.2011, and thereafter, Magistrate concerned took cognizance on 13.07.2011.
Assailing the impugned charge sheet dated 12.07.2011, main substratum of arguments of learned counsel for the applicants is that charge sheet has been submitted against the applicants under section 153-A of I.P.C. without obtaining prior sanction under section 196 Cr.P.C. It is further submitted that before submitting charge sheet for offence under section 153-A of I.P.C., requirement of obtaining prior sanction under section
196 Cr.P.C. is mandatory. The aforesaid ground has been specifically taken by the applicants in paragraph 19 of the application, but reply of said paragraph has not been given in the counter affidavit filed by the State. It is well settled that those averments, which have not been denied shall be deemed to be admitted.
In the present case, on 07.08.2019 and 21.08.2019, repeated time was granted to the State to clarify the factual position whether sanction under section 196 of Cr.P.C. was accorded in Neutral Citation No. - 2019:AHC:151039
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this case prior to submitting charge sheet in the matter or not, but no further affidavit in this regard has been filed by the State.
Per contra, learned Additional Government Advocate submitted that though in the counter affidavit sworn by Jaipal Singh, the then Sub-Inspector, Police Station Medical, District Meerut, specific averment with regard to obtaining prior sanction under section 196 Cr.P.C. has not been mentioned, but under the facts and circumstances of this case, prima facie offence under section 153-A of I.P.C. is made out against the applicants and this application is liable to be dismissed.
After having heard the arguments of learned counsel for the parties, this Court is of the opinion that for submitting charge sheet under section 153-A of I.P.C., prior sanction by the State Government in terms of section 196 Cr.P.C. is mandatory. From the record, it is apparent that said exercise has not been done in the matter.
In view of above, impugned charge sheet dated 12.07.2011 is not sustainable in the eyes of law and on the basis of same, no further proceedings against the applicants can be initiated and the same is liable to be quashed.
Accordingly, the impugned charge sheet dated 12.07.2011 and all further proceedings pursuant thereto against the applicants in Case No. 1602 of 2011 arising out of Case Crime No. 295 of 2011, under section 153-A of I.P.C., police station Medical, district Meerut pending in the court of Additional Chief Judicial Magistrate-II, Meerut is hereby quashed.
The present application u/s 482 Cr.P.C. is allowed.
Order Date :- 18.9.2019 Sazia
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