2017 school murder: 2 cops seek quashing of lawsuit
Chandigarh, July 16 -- Two Haryana police officers have approached the Punjab and Haryana High Court seeking the quashing of criminal proceedings against them in connection with the 2017 murder of a seven-year-old student inside a Gurugram school, arguing that the trial court took cognisance of the case without mandatory government sanction under Section 197 of the Criminal Procedure Code (CrPC).
Justice Manjari Nehru Kaul has issued a notice of motion to the Central Bureau of Investigation (CBI), the State of Haryana, and other respondents. The matter will now be heard on July 28.
Senior advocates Bipan Ghai and Vinod Ghai, along with Nikhil Ghai, Arnav Ghai, Akhil Godara, and R.S. Bagga, appeared on behalf of the petitioners and challenged the June 13 order of the CBI special judicial magistrate, Panchkula. They submitted that the order effectively amounted to a review of the earlier judicial decision dated January 15, 2021, in which the same court had explicitly declined to take cognisance due to the absence of sanction under Section 197 CrPC.
"No fresh sanction was procured in the interim, yet cognisance was taken merely on the strength of an application moved by the complainant," the counsel argued, terming the move an "impermissible review" and therefore "illegal and unsustainable".
The petitioners further contended that the allegations against them stemmed from acts performed in the discharge of official duties. Hence, they are entitled to protection under Section 197, which prohibits courts from taking cognisance of offences allegedly committed by public servants without prior government sanction. The plea also includes a senior assistant commissioner of police....
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