N CHALAPATHI Vs. VINAYAKA PRASANNA K

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and as well the learned counsel for the respondent - complainant.

(2.) THE present petition is filed for quashing of the entire proceedings in CC No.723/2013 (PC No.156/2013 pending on the file of the learned II Addl. Civil Judge (Jr. Dn.) and JMFC, Bellary, in taking cognizance of the complaint lodged by respondent herein (hereinafter called as the 'complainant') against the petitioners (hereinafter called as the 'accused persons') for the offence punishable under Sections 500, 220, 504 and 506 r/w. 149 of IPC.

(3.) THE learned Counsel for the petitioners contended that, the averments in the complaint disclose that the accused persons while discharging their duties as public servants, have committed the offences alleged in the complaint. Even assuming that those offences are committed while discharging their duties as public servants, Section 197 of Cr.PC mandates that prior sanction is absolutely necessary to prosecute the accused persons. Therefore, it is contended that taking cognizance of the offences alleged against the accused persons is bad in law.