1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.2193/2008 Jai Singh & Anr. Vs. State & Anr. Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.U. Qazi for the petitioners. Shri Peeyush Kumar, P.P. for the State. Shri S.S. Ansari for the respondent. ****** This petition under Section 482 Cr.P.C. has been filed by assailing the order taking cognizance dated 7.7.2000 and the order passed by learned Additional Sessions Judge, No.3, Kota dated 11.9.08 by which their revision petition filed against the aforesaid order has been dismissed. Shri N.U. Qazi, learned counsel for the petitioners has cited the judgement of Supreme Court in Rizwan Ahmed Javed Shaikh & Ors. vs. Jammal Patel & Ors.-AIR 2001 SC 2198 to argue that since the petitioners were members of the police force and they are alleging that the action taken in maintenance of public order, should be construed as part of their duties requiring sanction for prosecution envisaged u/s. 137 of the Code of Criminal Procedure. Learned counsel in support of his contention also sought to cite certain other judgements as well. Shri Peeyush Kumar, learned PP and Shri S.S. Ansari, learned counsel for the complainant opposed the petition and 2 submitted that the trial is still pending and the petitioners are free to raise this argument before the learned trial court, but on that basis the proceedings cannot be quashed. It is so because this issue will have to be decided on the basis of evidence as to whether or not the alleged incident took place while the petitioners were discharging their duties. Having regard to the fact of cognizance taken way back on 7.7.2000, I am not inclined to interfere in the matter. However, liberty is granted to the petitioners to raise the question of sanction while citing all those judgments including the judgement of Supreme Court in Rizwan Ahmed Javed Shaikh, supra, before the trial court. The trial court shall be entitled to take its own view in accordance with law. With that liberty, this petition is dismissed. (MOHAMMAD RAFIQ), J. RS/-