RAM SHASTRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is directed against an order passed by learned Assistant Sessions Judge, Rajkot, on 19.2.2001, below Application of the present petitioners - Exh.12, filed for dismissal of the complaint on the ground that the Court concerned would not take the cognizance of the alleged offences under Sections 132 and 197 of the Criminal Procedure Code, for want of required sanction.

(2.) The facts of the case go to suggest that the incident in question occurred on 11.01.1993 at city of Rajkot. The State of Gujarat was disturbed by communal riots everywhere. In Rajkot also at about 1700 hours, near Dena Bank Chowk, a mob was gathered and a programme of burning effigy of leaders was arranged. However, to maintain the law and order, Police made strict bandobast. There was a Notification under Sec. 144 of the Criminal Procedure Code for the gathering of persons of more than 5 in number. When this mob, at the relevant time, gathered in the Dena Bank Chowk, the Superintendent of Police Mr.Ram Shastri, petitioner No.1 herein, announced on a loud speaker that mob should disperse. The mob did not disperse. On the contrary, the mob attacked the Police and attempted to restrain the Police from discharging their duties to maintain the law and order. There was also stone throwing from the mob against the Police. The mob entered into Nagarik Bank and from their the mob started stone throwing against the Police. There was damage to the traffic signal and traffic point also. Tear gas and lathi charge were also used. Even then, there was stone throwing on the Police by the mob from the Nagarik Bank premises. DSP concerned was also arrived at the spot. He ordered the Police force to enter into the premises of the Nagarik Bank and arrest the persons of the mob throwing stones from the premises. Police entered in the Nagarik Bank and arrested some person. In this process, present petitioner No.1 and other two Police Personnel were injured. The FIR came to be lodged regarding this incident against 87 persons before Pradumannagar Police Station vide Crime Register No. 18/93 on the same day by one Police Inspector Mr. C.P. Dalal, under Sections 141, 148, 149, 337, 338, 353, 186, 188, 332, 333 of the Indian Penal Code and under Sections 37(1) and 135 of the Bombay Police Act.

(3.) On 13th of January, 1993, one Mulji Khimji Ger, accused in above said Crime Register, filed a private complaint before learned Sessions Judge, Rajkot, under Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 323, 504 and 506 of the Indian Penal Code. In para-1 of the complaint, it was alleged that the present petitioners entered into the Nagarik Bank, when the complainant - respondent No.2 herein, was doing his cleaning work because he was employed as a Sweeper in Nagarik Bank. Entering in the premises, the present petitioners insulted the complainant in filthy language which constitutes offence under Section 3(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, as per the allegation of the complainant, he was beaten by the present petitioners by sticks and he was injured and got treatment in Govt. Hospital, and hence, the complaint for offences punishable under Section 3(1) of the Atrocities Act and for the offences punishable under Sections 323, 504 and 506 of the IPC was preferred. After verification of the complaint, learned Special Judge vide his order dated 5th May, 1993 issued summons against the present petitioners for the above said offences. Appearing in response to the above said summons of the Special Judge in the said private complaint, which was numbered as Spl. Case No. 249 of 1993, the present petitioners vide Exh.12 gave an application that as the act complained of is falling within the discharge of their duty as public servant, the complaint is required to be dismissed for want of sanctions under Sections 132 and 197 of the Cr.P.C. A copy of the FIR in Crime Register No.18 of 1993 recorded before the Premnagar Police Station was also produced, wherein the complainant Mulji Khimji Ger was an accused at Sl. No. 86. The learned Spl. Judge passed order that "to be heard along with final hearing of the case" below Application Exh.12 of the present petitioners. Therefore, the present petitioners filed an Application before this Court, being Criminal Misc. Application No. 5162 of 1993 for quashing of the complaint filed by the complainant and quashing of the process issued in Special Case No. 249 of 1993. Vide order dated 22nd of September, 2000, this Court observed that the order passed by the learned Sessions Judge i.e. Special Judge, below Exh. 12 to be heard along with the final hearing of the criminal case, was not just and proper as the point raised vide Application Exh.12 was the point which might have decided the fate of the case. This Court, therefore, directed the learned Sessions Judge, Rajkot, to decide Application - Exh.12 preferred by the present petitioners in the above said Spl. Case No. 249 of 1993 on merits after giving proper opportunity to the parties. Thereafter it appears that the learned Sessions Judge heard the parties in respect of Exh.12 Application filed by the present petitioners and learned Asst. Sessions Judge, Rajkot, vide his order dated 19.2.2001, rejected the application of the petitioners filed at Exh.12. Being aggrieved and dissatisfied, this Revision Application is preferred by the accused in the above said Spl. Case.