LAWS(KAR)-2005-7-26

SUDHIR KUMAR Vs. G LAKSHMAN

Decided On July 07, 2005
SUDHIR KUMAR Appellant
V/S
G.LAKSHMAN Respondents

JUDGEMENT

(1.) THE application filed by the petitioner u/s. 197 Cr. P. C. r/w Section 170 of the Karnataka Police Act and Section 40 of the Indian Arms Act before the trial Court is rejected. The said order is confirmed by the sessions Court in criminal revision petition no. 5/2003. Both these orders are assailed in this criminal revision petition.

(2.) HEARD the learned S. P. P. , appearing for the petitioner and Sri A. H. Bhagwan learned Advocate appearing for the respondent and perused the records.

(3.) THE records disclose that the petitioner herein who was working as Deputy Commissioner and district Magistrate, Bellary from 1-6-1984 to 13-2-1987 raided the premises of M/s. Dwarka Arms Stores belonging to the respondent herein along with certain police officers on 12-10-1984 to 20-10-1984 and seized certain number of documents and articles he lodged complaint on18-10-1984 before the Superintendent of Police, Bellary and the same is registered against the firm i. e. M/s. Dwarka Arms Stores (respondent herein)in Crime No. 244/1984 for the offence punishable u/s. 25 of the Arms Act. Thereafter, on 26-10-1984, the respondent herein lodged complaint u/s. 200 Cr. P. C. , against the petitioner herein alleging offence punishable u/s. 500 of I. P. C. The averments made in the said complaint disclose that the petitioner herein, in the presence of other police personnel and the employees of complainant abused him and made certain defamatory imputations against the complainant respondent herein, by telling that the respondent is not even worth two paise. It is further alleged that the petitioner herein threatened the respondent that he would be arrested under the national Security Act and would be thrown out of Bellary district. Based on the said complaint and other materials, process came to be issued against the petitioner. The order of issuance of process was questioned before this Court in Crl. P. No. 881/1985 on the ground that the trial Court should not have taken cognizance of the offence unless prior sanction from the appropriate authority is obtained by the complainant. This Court dismissed the criminal petition and the matter was taken to Apex Court in s. L. P. No. 164/1988. The Apex Court dismissed the said S. L. P. on 14-4-1988 with the observation that "the question relating to previous sanction can be decided by the trial Court at appropriate stage. " again, in the year 1990, the petitioner filed an application before the trial Court praying for deciding the question relating to the previous sanction before proceeding further with the matter. The said application was rejected by the order dated 11-7-1990 by the trial Court. Assailing the order of rejection, the petitioner preferred Criminal revision Petition No. 44/1990 before the sessions Court and the same came to be dismissed on 24-1-2002 with the observation that the question of prior sanction shall be considered on examination of the material evidence after recording the plea of the accused. Thereafter, evidence on behalf of the complainant was recorded. After completion of the evidence led on behalf of the complainant, the statement of the petitioner herein was recorded under Section 313 of cr. P. C. When the matter is posted for recording defence evidence, the present application under Section 197, Cr. P. C. r/w section 170 of Karnataka Police Act and under Section 40 of the Arms Act came to be filed by the petitioner and the same is dismissed by the trial Court by its order dated 21 -12-2002 by observing that both the parties may submit their arguments on the question of prior sanction at the time of final arguments of the criminal case. The said order is confirmed by the Sessions Court in crl. R. P. No. 5/2003. Both the orders of rejection of the application filed by the petitioner under S. 197 of Cr. P. C. , r/w 170 of karnataka Police Act and under Section 40 of Arms Act are called in question in this criminal petition.