CHATTAR PAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Section 482 CrPC read with Article 227 of Constitution of India for setting aside the order dated 18th July, 2007, passed by the ASJ, Delhi, vide which the revision petition filed by the petitioner against the dismissal order dated 26th April, 2007, passed by the Metropolitan Magistrate, as the Magistrate has dismissed the complaint filed by the petitioner on the ground of non-obtaining of sanction, as required under Section 197 CrPC.

(2.) The petitioner filed a complaint under Section 200 CrPC read with Section 324 IPC against respondents 2 and 3 herein on the allegation that these respondents, who are police officials and were posted at P.S.Mukerjee Nagar at the relevant time, have arrested the petitioner on 3rd December, 2001 and kept him in lock up for about 18 hours on false allegations that complaint of quarreling had been received in the Police Station at 100 number. A false Kalandara under Section 107/151 was registered against the petitioner and was tried by Special Executive Magistrate who ultimately discharged him vide order dated 15th June, 2002. The petitioner has alleged that the respondents have acted arbitrarily and in whimsical manner by arresting him and by keeping him in the lock up for about 18 hours despite the fact that he expressed his willingness to produce good surety. The petitioner was defamed by the respondents due to this arrest and respondents have misused their official power with the ulterior motive and mala fide purpose and accordingly he filed the complaint before the Magistrate.

(3.) The Magistrate after recording the evidence held that since sanction under Section 197 CrPC read with Section 140 of the Delhi Police Act has not been obtained against the respondents, the complaint filed by the petitioner is not maintainable and he dismissed the complaint.