Crl. Misc No. M-28331 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-28331 of 2008 Date of decision: 06.01.2009 Head Constable Gurdev Singh ....Petitioner V/s State of Haryana and Others ....Respondents. CORAM:HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Harnek Singh, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana for the respondent-State. Mr. Krishan Singh, Advocate for the respondent No. 3. RAJAN GUPTA J. An FIR was registered on the complaint of Sheo Ram under Sections 148,149,447 and 506 IPC. Pursuant to the FIR registered under the aforesaid sections on 26.04.2006, an investigation was carried out by the police. The petitioner has approached this Court after lapse of two years with the prayer for quashing of the FIR. The only ground agitated by the counsel for the petitioner is that prior sanction for prosecution of the petitioner was not sought from the competent authority, he being a Government servant. On the other hand, counsel for the State contends that charges in this case has already been framed and the case is fixed for evidence. According to the counsel for the respondent, no prior sanction for prosecuting the petitioner was required as offences were not committed by him while discharging his official duty as Public Servant. Crl. Misc No. M-28331 of 2008 2 I am of the considered view, that it is not a fit case to exercise powers under Section 482 Cr.P.C. The factual issue involved cannot be gone into at this stage by invoking inherent jurisdiction. As regards the question of sanction, the petitioner is at liberty to raise all such contentions before the trial Court at an appropriate stage. The petition is hereby dismissed. 06.01.2009 (RAJAN GUPTA) Ajay JUDGE