1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No.101 of 2006 Ambadas son of Kisanrao Hiwale, aged about 45 years, occupation – PSI, presently at PS Paratwada, Tq. Achalpur, Distt. Amravati. .... Petitioner. Versus 1. State of Maharashtra, through Police Station Officer, PS Paratwada, Tq. Achalpur, Distt. Amravati. 2. Mohd. Ahsan son of Mohd. Sultan, aged about 47 years, occupation - Furniture shop, resident of Kandli, Tq. Achalpur, Distt. Amravati. ..... Respondents. ***** Mr. J.B. Kasat, Advocate for the petitioner. Mr. Anoop Parihar, Additional Public Prosecutor for respondent No.1. Shri S. L. Sonbhadre, Adv., for respondent no.1 [absent]. ***** 2 CORAM : A.H.JOSHI, J. Date : 26th June,2008. ORAL JUDGMENT : 1. The petitioner has challenged order of issue of process. 2. Petitioner claims protection of Govt. Notification bearing No.CRP.0178/9845-POL- dated 2nd June, 1979. 3. Heard. 4. Learned Advocate for the petitioner has pointed out that this Notification was already considered by this Court and the said Judgment is already confirmed by Hon'ble Supreme Court in the case of Rizwan Ahmed Javed Shaikh & others Vs. Jammal Patel & others [AIR 2001 SC 2198]. 5. Learned Advocate for the petitioner has then placed reliance on reported Judgment of Hon'ble Supreme Court in the case of Sankaran Moitra Vs. Sadhna Das & 3 another [AIR 2006 SC 1599]. 6. The issue, subject-matter, is a concluded precedent governed by settled law. 7. On facts, it has to be held that sanction for taking cognizance was necessary and it is not shown that it was obtained. The order of issue of process, therefore, deserves to be quashed. 8. The complaint would remain pending for disposal according to law either upon receiving sanction, or otherwise, as may be permissible. 9. In the result, Rule is made absolute by quashing and setting aside impugned order of issue of process passed in Summary Criminal Case No. 2 of 2005 by Judicial Magistrate First Class, Achalpur, on 7th July, 2005 [Annex.B]. JUDGE -0-0-0-0- |hedau| 4