RAVI KUMAR Vs. ROOPA, W/O NAVEEN RAI

JUDGEMENT

(1.) Respondents herein filed separate private complaints before the learned magistrate, seeking prosecution of the petitioners for the offences punishable under Section 323, 324, 330, 504, 506 read with Section 34 of IPC.

(2.) The petitioners were the police officers at the relevant point of time. On 14.12.2011 at about 8.15 p.m., one Naveen Rai Menal and Ashok Adkaru intercepted a moving car at Jalsoor Village and found two girls and two boys of different religion traveling together in the said car. They took the inmates to Sulya Police Station. On enquiry, SHO having found that the inmates of the said car were majors and of their own accord they were travelling in the car in search of job, they were let off. The aforesaid Naveen Rai Menal and Ashok Adkaru mobilized a huge mob and demanded the police to hand over the aforesaid two boys traveling in the said car to their custody. Since the police declined, the mob gathered at the instance of aforesaid Naveen Rai Menal and Ashok Adkaru started pelting stones at the police station and in the process injured the police officials. During the incidence, lati charge was ordered and in the process some persons were injured. In respect of the said incident a case was registered in Crime No.206/2011 which has culminated in a charge-sheet against 26 accused persons including the aforesaid Naveen Rai Menal and Ashok Adkaru as well as the respondents herein.

(3.) The learned counsel for the petitioners submits that the private complaint is ulteriorly motivated and a sequel to the case registered against the complainants in Crime No.206/2011, which has culminated in the chargesheet against the respondents. Furthermore, he submits that the acts alleged against the petitioners having been performed during the discharge of their duties, prosecution of the petitioners without prior sanction under Section 197 of Cr.P.C. and 132 of Cr.P.C., is manifestly illegal and is liable to be quashed.