IPS officer moves Gujarat HC to quash 2001 criminal complaint

IPS officer moves Gujarat HC to quash 2001 criminal complaint

Kuldeep Sharma, an Additional DGP-rank officer, has also sought quashing of an order of the chief judicial magistrate of Anand district by which criminal cognisance was taken based on a private complaint against him, resulting in issuance of summons to him.

In an another application related to the same matter, he challenged the sanction given by the Gujarat Home Department in March 2011 to prosecute him in the case filed in October 2001.

Justice M D Shah, hearing the case, has deferred the proceeding till June 27.
Sharma, in his petition filed through his lawyer I H Syed, has contended that since Chief Minister Narendra Modi was "having a biased attitude towards him", the state government acted in a "prejudiced manner" and gave sanction for his prosecution in a nine-year-old case.

He contended that all the procedure initiated in the case before March 2011 was null and void as there was no sanction from the state government, which is required in case of action against any person in public service.

Sharma said while sanctioning his prosecution, the government had relied upon statement of witnesses recorded before March 2011 by Anand police.The sanction order, therefore, also deemed to be considered as void.

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