ISHWARBHAI MOHANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the Revision Applications are challenging the same order dated 30.9.1998 of the learned Special Judge (Atrocity Court), Ahmedabad (Rural) whereby application Exh.31 of the accused persons, joined as opponents herein, was allowed and they were discharged on the ground of lack of sanction as provided under section 197 of the Criminal Procedure Code, 1973 (for short, 'the Code').

(2.) There was no dispute about the fact that a complaint for the offences punishable under sections 3(1)(8)(9)(10) and sections 3(2) and 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), as also offences punishable under sections 323, 338, 342, 367 and 368 of IPC was made in the Court on 22.8.1994. The complainant was examined in the Court on 26.8.1994 and an enquiry under section 202 of the Code was ordered to be conducted by the Court. After the enquiry into the said complaint registered as Inquiry Case No.13/94, the learned Addl.Sessions Judge ordered issuance of summons for the offences under sections 323, 342, 367 and 368 of IPC and the aforesaid offences under the Act. After the said order dated 3.6.1995, the accused persons appear to have filed the aforesaid application Exh.31 below which the impugned order was passed after hearing the parties, mainly on the perception that the alleged offences were committed during the course of duty and hence sanction as provided under the provisions of section 197 of the Code was necessary.

(3.) After the matters being argued at some length, learned counsel appearing for the accused persons as well as the learned APP and learned advocate, Mr Rajesh Budhani appearing with learned advocate, Mr T.S. Nanavati conceded that in view of the allegations made in the original complaint, some of the alleged offences may, at a later stage, be found to have been committed by the accused persons while acting or purporting to act in the discharge of official duty and, it may not be possible to divide the allegations into those which require sanction for taking cognizance and those for the cognizance of which sanction may not be necessary.