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1 - 10 of 12 (0.24 seconds)The State Of Uttar Pradesh vs Harender Kumar Singh on 16 February, 2021
17. Perusal of the file would further show that PW7 and PW9
received DD entry No. 85 B dated 19.07.2017 regarding the
beating to the police officials. DD entry No. 85 B which is Ex.
A2 perused. However, it is pertinent here to mention that
sanction received u/s 195 Cr.P.C from ACP which is Ex. A4
clearly states that on 30.07.2018, a PCR call vide DD No. 89-B
was received at PS Jyoti Nagar stating that:- " some persons
were running via white colour i20 bearing registration No.
DL 1Z 6889 near MIG Flats after snatching things from a
person including one police official" . Perusal of the Sanction
which is Ex. A4 and the testimonies of PW7 and PW9 along
with DD No. 85-B dated 19.07.2017 which is Ex. A2. It clearly
shows that Sanction in this case suffers from contradictions.
Further, Superior Officers who allegedly gave sanction was not
examined. It has been laid down by the Hon'ble Supreme Court
in various cases that in the absence of proper sanction/complaint
strikes at the root of the jurisdiction.