CHOUDHURY PARVEEN SULTANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The short point involved in this appeal is whether in view of Section 197 of the Code of Criminal Procedure, previous sanction of the State Government was necessary for prosecuting the respondent No.2, Sahabul Hussain, under Section 384/506 of the Indian Penal Code.

(3.) The respondent No.2 belongs to the West Bengal Police Service and was posted as Deputy Superintendent of Police (D.N.T.) at Behrampore, District Murshidabad, West Bengal. On 9th September, 2005, at about 9.15/9.30 in the morning one Samiul Choudhury, the husband of the appellant herein, was shot at and suffered grievous injury to his right eye. Thereafter, in a statement given by him to the Inspector in-charge of Behrampore Police Station, he claimed that the assailants were the associates of Mohan Lal, Jalal, Kamal, Babul and Kabir of Zamindar para. On the basis of the said statement Behrampur Police Station Case No.348 dated 9.11.2005 was registered under Sections 326/307/120-B/34 IPC read with Sections 25/27 of the Arms Act. Subsequently, the appellant herein filed an application before the Chief Judicial Magistrate, Murshidabad, alleging commission of offences by the respondent No.2 and another punishable under Sections 387/504/34 IPC and the said complaint was registered as C.R. Case No.543 of 2005.