STATE Vs. B CHIKKAVENKATAPPA

JUDGEMENT

(1.) This is a reference made under S. 438, Cr. P.C. by the IIIrd Additional Sessions Judge,--Bangalore Division, Bangalore, who, on examining the records of the Special First Class Magistrate, K.G.F., in C. C. No. 3214 of 1962, felt that the Order passed by the said Magistrate on 11-3-1963, purporting to discharge Accused 1 in that case, was erroneous.

(2.) The facts necessary for deciding this reference are only few and are as follows. Before the Magistrate, Respondent 1 in this Revision Case was the Complainant and Respondent 2 was Accused 1. It was alleged in the complaint that while the complainant was supervising construction of his house Accused 1 and another person, Accused 2, entered his house and that Accused 1 (Respondent 1) took his chappals into his hand, raised his hand and came upon the complainant in a furious mood saying that he would hit the complainant and dishonour him (the complainant) with object of intimidating him in order to force him to close the window, which he had put in the building under construction. According to the complainant both the accused were guilty of offences punishable under Ss. 355 and 506, I.P.C.

(3.) When Accused 1 appeared before the Magistrate in pursuance of the summons issued to him, he took up a preliminary objection that the court could not take cognizance of any complaint against him, unless there was previous sanction by the State Government under S. 197, Cr. P.C. The contention of Accused 1 was that he was the Vice-President of the Bangarpet Municipal Council and as such he was a Public servant removable only by or with the sanction of the State Government and the alleged acts, even if true, were done while acting or purporting to act in the discharge of his official duties as the Vice-President while inspecting the complainant's building to see whether the complainant was constructing the building in accordance with the licence granted to him.