V S JOSHI Vs. N G BHAT CHITRIGI

JUDGEMENT

(1.) PETITIONERS being the accused in Private Complaint No. 31/2003, have sought for quashing the proceedings pending on the file of Ist Addl. J. M. F. C. , Sirsi.

(2.) THE learned Magistrate has issued process against the petitioners for the offences punishable under Ss. 323, 504, 506 r/w S. 34 of I. P. C. Respondent No. 1 is the complainant who is advocate by profession. Accused are officials of revenue department. The complainant and the sworn statement of the complainant prima facie disclose that he went to the office of the accused on 20-1-2003 at 5. 00 p. m. to enquire about the supply of certified copy of record of rights of the property pertaining to his client. The accused, instead of reasonably and properly responding to the complainant about the supply of the copies of fresh record of rights, started abusing the complainant. It is alleged that the accused has uttered the following words against the complainant. (Vernacular matter omitted)Thereafter, the complainant was pulled out of the office by the accused. Based on the said complaint and the sworn statement, the trial Court has issued process against the petitioners for the aforesaid offences.

(3.) LEARNED counsel for the petitioners submits that as the petitioners are public servants, the complainant should have obtained sanction prior to lodging of the complaint, as required under S. 197 of Cr. P. C. Secondly, he submits that as the cognizance is taken after recording the sworn statements, the proceedings vitiate.