Excelsior Correspondent
Srinagar, Mar 18: High Court dismissed the plea of Peoples Democratic Party leader Khurshid Alam against the National Conference General Secretary and MLA Khanyar Ali Muhammad Sagar alleging that bogus votes were cast by the later in 2014 Assembly elections.
Court also quashed the proceedings of trial court against Sagar and Government officials who were involved in the poll process of 2014 elections.
Alam had filed a complaint against the Sagar and Government officials before trial court alleging that bogus votes were cast at polling booths of Khanyar Constituency in 2014 elections in which lodging of FIR was ordered by the trial court against Sagar and Government officials.
Underscoring the relevance of Section 197 CrPC by which prior sanction is required from the competent authority for proceeding against a public servant Justice Ali Muhammad Magrey quashed the proceedings that were pending before Chief Judicial Magistrate Srinagar against Sagar and the officers.
Appearing counsel while referring to Supreme Court judgment regarding the sanction pleaded that the Apex Court quashed a complaint against a public servant as there was no previous sanction.
The counsel submitted that the Supreme Court has held that a magistrate cannot order investigation against a public servant while invoking powers under Section 156(3) CrPC prior to seek sanction from the competent authority.
Trial court on February 2015 while taking cognizance of the complaint had directed the police to initiate investigation into the complaint of PDP leader Alam and register an FIR if cognizable case was established.
Alam, PDP candidate from Khanyar in 2014 Assembly elections had approached Chief Judicial Magistrate Srinagar saying that bogus voters were used to cast their votes during the polls.
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