IPS officer moves HC to quash criminal complaint

A top IPS officer moved the Gujarat High Court seeking quashing of a nearly decade-old criminal complaint against him in Anand district.

Updated: Jun 23, 2011, 22:40 PM IST

Ahmedabad: A top IPS officer on Thursday moved the
Gujarat High Court seeking quashing of a nearly decade-old
criminal complaint against him in Anand district, alleging the
proceedings were not in accordance with law and the Narendra
Modi government was "biased" against him.

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.

PTI