B RAMESH Vs. K SHANKAR

JUDGEMENT

(1.) On 1-6-1979 the petitioner filed a complaint against Respondents 1 to 5 herein in Criminal Case No. 773/79 on the file of the Additional Munsiff and J.M.F.C., Puttur, D K., complaining that the said persons all Police Officials then serving in Puttur, Circle-had assaulted him more than once, caused him injuries, and were thereby liable to be proceeded against.

(2.) Having been issued with process for alleged offences under Ss. 143, 342, 323, 324 and 506 read with S. 149 of the Indian Penal Code the accused raised the plea that the acts alleged against them come within the mischief of S. 170 of the Karnataka Police Act, 1963 (the Act) that previous sanction to prosecute them was required; that the complainant not having obtained any such sanction, the Court below could not have taken cognizance of the offences; and that therefore the prosecution should be dropped against them. They made such pleas during the course of the trial and when some of the witnesses had been examined.

(3.) The court below felt that the question raised on behalf of the accused, going as it did to its very jurisdiction to proceed with the matter should be heard immedrately and took up that plea for consider ation in the light of the facts then made available. Hearing both sides and, by its order dt 22-4-1981, in the light of the facts available, came to the conclusion that the allegations made in the complaint were covered by S. 170 of the Act and that previous sanction of the Government was required to prosecute the accused and that there being no such sanction the prosecution was bad, and taking this view dismissed the complaint. That order is under challenge in this revision.