MUKAND SINGH Vs. VISHNU PRASAD

JUDGEMENT

(1.) This is an application In revision against the order of a first class Magistrate of Moradabad dismissing the complaint of the applicant Mukand Singh under Sections 331, 330 and 342, I. P. C. filed against the opposite parties, namely, Sri Vishnu Prasad, Deputy Superintendent of Police, and Zahir Ahmad, Head Constable, on the ground that the complaint was not entertain-able for want of sanction under Section 197, Criminal P. C., which order has been affirmed by the learned Sessions Judge, Moradabad.

(2.) It appears that the applicant Mukand Singh filed a complaint on 10-8-1953 against the opposite parties on the allegation that he was taken to the Police Station Chhajlet on 16-6-1953 maliciously by the opposite party 2 Zahir Ahmad and a Sub-Inspector, and while he was detained there he was tortured, beaten and kicked on account of which he received grievous hurt and was in much pain for several days and had to be treated in hospital. It was also alleged in the complaint that the arrest of the applicant on 16-6-1953 was not shown by the opposite party in the Police Station and it was only after he had been beaten and received injuries that he was shown to have been arrested on 17-6-1953 in connection with some other charges and not on the charge for being In possession of illicit arms on which pretext he had been taken to the police station on 16-6-1953.

(3.) The learned Magistrate after a consideration of the evidence produced by the applicant and the various authorities cited on his behalf, came to the conclusion that the provisions of Section 197, Criminal P. C. were applicable to the case as the opposite parties were public servants and the acts alleged to have been committed by them were done by them in the discharge of their official duty. He, therefore, dismissed the complaint. The learned Sessions Judge, in revision, after hearing the counsel for both the parties affirmed the decision of the learned Magistrate and agreed with him that the case was one covered by Section 197, Criminal P. C., and, as such, sanction of State Government was necessary before the prosecution of the opposite party.