MUTHUSWAMY GOUNDER Vs. C.P. SINGHARAM

JUDGEMENT

(1.) THIS revision is directed against the order of the Chief Judicial Magistrate, Coimbatore in Crl. M.P. No. 5 of 1978 discharging the 12th accused in C.C. No. 417 of 1977, on his file which was a private complaint filed by the revision petitioner herein. The 12th accused -respondent is an Inspector of Police. The contention urged before the learned Chief Judicial Magistrate was that sanction from the State Government has to be obtained for prosecuting 12th accused who is an Inspector of Police and such sanction having not been obtained, the prosecution of 12th accused is bad and therefore the 12th accused should be discharged. The learned Chief Judicial Magistrate was of the view that the Inspector of Police "is a gazetted officer" and as such only the State Government can remove him from service and under these circumstances, sanction has to be obtained from the State. Government for prosecuting him and that not having been done, the respondent -12th accused has to be discharged. In the end, he allowed the petition and discharged the 12th accused. The complainant -revision petitioner is aggrieved and has filed this revision.

(2.) THE order of the learned Chief Judicial Magistrate of Coimbatore is not sustainable. S.197 , Crl. P.C., runs thus -

(3.) Dismissal, suspension or reduction of officers of the Subordinate Police. Subject to the provisions of Art. 311 of the Constitution and to such rules as the State Government may from time to time make under this Act, the Inspector General, Deputy Inspector General and District Superintendent of Police may at any time dismiss, suspend or reduce to a lower post, or time scale, or to a lower stage in time scale any officer of the Subordinate Police whom they shall think remiss or negligent in the discharge of his duty or otherwise unfit for the same and may order the recovery from the pay of any such police officer of the whole or part of any pecuniary loss caused to Government by his negligence or breach of orders.