MOHAN PRAKASH DUBEY Vs. STATE

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India read with Section 482 Code of Criminal Procedure is directed against the order dated 13th July, 2000 passed by Metropolitan Magistrate dismissing the application of the petitioners seeking discharge in case FIR No.419/96 u/s 353/34 Indian Penal Code, PS Malviya Nagar, New Delhi.

(2.) Prosecution allegations in brief are : that on 8th June, 1996 Shri Ram, Assistant Engineer, CPWD lodged a report, stating that at about. 11 .30 A..M he was in his office when petitioners who are working as Junior Engineers came there and asked him as to why' he had written letter regarding the handing over of the charge of 'rnappusthi kaye' . On being told that the letter ' had to be written, they felt annoyed and Satish Kumar Sood slapped the complainant; Mahesh Narayan Gupta and Mohan Prakash Dubey abused him and gave him beating. The complainant ran out of the room and went to the Divisional Office where also the complainant was manhandled and abused in the presence of other employees. On the basis of the report abovenoted case was registered. After investigations challan was filed. Petitioners moved 'an application for discharge. Learned trial court, vide orders dated 13th July, 2000, held that no prior sanction was required under section 197 Criminal Procedure Code. .'and that prima facie a case under section 353/34 Indian Penal Code was made out against the petitioners.

(3.) I have heard learned counsel for the parties and have been taken through the record.