INSPECTOR MOHD. JAINUDDIN ANSARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY./ PRIN. SECY. DEPTT. OF HOME LKO AND 3 OTHERS
A227/295/2025 · 2025-08-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118887 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48637 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 295 of 2025 Petitioner :- Inspector Mohd. Jainuddin Ansari Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Petitioner :- Mohd. Ateeq Khan,Bhanupriya Singh Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Ateeq Khan, the learned counsel for the petitioner, Sri Satyendra Srivastava, the learned A.G.A appearing on behalf of the State.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 27.08.2024 passed by a Special Judge (S.C/S.T.) Act, Sitapur, in Miscellaneous Case No. 95 of 2024 titled as "Sruesh Kannaujiya Vs. Ramesh Chandra and others", whereby an application filed by the opposite party no.4 under Section 156(3) Cr.P.C has been allowed and the Inspector In-charge has been ordered to register a case under relevant sections and investigate the matter.
3. Assailing the validity of the impugned order, the learned counsel for the petitioner has submitted that the petitioner was serving as an Inspector and he had performed the alleged offending acts in performance of the public duties. He has further submitted that in absence of sanction by the competent authority, no F.I.R can be registered against him as per the provisions contained in Section 197 Cr.P.C.
4. Section 197 Cr.P.C contains a bar against cognizance of any offence been taken by any Court without previous sanction of a competent authority. This bar applied at the stage of the cognizance of the offence and not at the
stage of the registration of an F.I.R and conducting investigation in furtherance thereof. Therefore, there appears to be no illegality in the impugned order dated 27.08.2024 passed by a Speical Judge (S.C/S.T.) Act, Sitapur.
5. Accordingly, the petition lacks merit and the same is hereby dismissed. . (Subhash Vidyarthi,J.) Order Date :- 19.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench