N SHIVA KUMAR Vs. N RAMANNA ADYANTHAYA

JUDGEMENT

(1.) THE short point that is involved in this case for determination is whether the Magistrate has committed an error in directing issue of process to these petitioners without prior sanction of the Government to prosecute them as contemplated under S. 197, Cr. P. C. and S. 170 of the Karnataka Police Act.

(2.) THE learned counsel has vehemently argued that the allegations made in the complaint if taken as true in totality, the offences alleged against these petitioners are during the course of discharging their official duty. Therefore, prior sanction from the Government was necessary without which the prosecution launched is invalid and calls for interference by this Court, lest it would lead to abuse of the process of Court. In support of his argument he also placed reliance on a decision reported in 1970 Cri LJ 1401 : (AIR 1970 SC 1661) Bhagwan Prasad Srivastava v. N. P. Mishra wherein their Lordships of the Supreme Court have held (para 5) :

(3.) REPELLING this argument the learned counsel for the respondent submitted that the offence committed by the petitioners herein is without nexus of their official duty and just because they were police officers during the relevant time, it cannot be contended at this stage by them that no criminal complaint can be launched against them. He submitted on the facts of the case, these petitioners have demanded money from the respondent for showing official favour. Further they have also suppressed the fact of arrest of the respondent thereby changing the official records and the respondent was not produced before the Court within 24 hours of his arrest, thereby they have wrongfully confined the respondent. Under those circumstances, no sanction is necessary to prosecute them. Besides that, it is for the petitioners to urge all these grounds before the trial Court and this Court acting under S. 482, Cr. P. C. cannot quash the proceedings. In view of this argument, it is now necessary to refer to the facts of the case.