P C SIVADASAN Vs. STATE

JUDGEMENT

(1.) The revision petitioners are members of the Railway Protection Force working in the Railway Police Station, Shornur. They seek to set aside the order dated 31.1.1995 in C. C. No. 150 of 1994 and to discharge them under S.239 Cr.P.C.

(2.) The revision petitioners were made accused in C. C. No. 150 of 1994 on the file of the Judicial First Class Magistrate's Court, Ottapalam on the basis of a complaint filed by one C. Radhakrishnan (CW 1). The allegation against them is that they committed offences punishable under S.392 read with S.34 IPC. The prosecution case was that on 12.3.1994 at about 9.95 hours the revision petitioners assaulted CW 1 and snatched away his ticket and a sum of Rs. 1500/- and thereby committed the above mentioned offence. After investigation, the Sub Inspector of Police attached to the Railway Station, Shornur laid the charge sheet. The learned Magistrate took cognizance of the charge and proceeded against the revision petitioners.

(3.) A preliminary objection was raised on behalf of the revision petitioners before the Court below that prior sanction as provided under S.197 Cr.P.C. was not obtained before taking cognizance of the offence and that the charge was laid without prior notice in writing to the person concerned and to the superior officer as contemplated under S.20(3) of the Railway Protection Force Act, 1957 (hereinafter referred to as "the Act"). The learned Magistrate after hearing the preliminary objection held that prior sanction under S. 197 Cr.P.C. and prior notice in writing as provided in S.20(3) of the Act are not required as the allegation against the accused are not in connection with the discharge of any official duty.