J P NATH Vs. MOHAMMAD KALIM

JUDGEMENT

(1.) SARVASRI J. P., Nath, S. I., N. N. Singh, A. N. Shukla, P. K. Singh, A. K. Sharma and A. P.: Srivastava have filed this revision application against the judgment and order dated 17.4.1976 passed by Shri Prem Narain Roy, Illrd Additional District and Sessions Judge, Allahabad.

(2.) BRIEFLY stated the facts giving rise to this revision application are that in October 1975 revisionist No. 1 was posted as a S.I. at police station Mutthiganj while the remaining revisionists were posted as Sales Tax Officers at Allahabad. On 22.10.1973 the opposite party filed a complaint in the court of the Chief Judicial Magistrate, Allahabad under Sections 147, 323, 504/506 and 426 I.P.C, alleging that there is a Azad Furniture Mart at 623, Tilak Road, BahadurGanj, Allahabad, which is owned by Mohammad Javid. The opposite party was a mechanic and one Rahim used to polish the furnitures. On 20.10.1975 Mohd. Javid had gone to Pratapgarh to see his ailing wife. In that night the revisionists came there and enquired about the whereabouts of Mohammad Javid. When he gave out that he had gone to Pratapgarh they forced him to give himself out as owner of the Furniture Mart. On his refusal to do so they beat him with kicks, fists and dandas. They stayed up to 12 in the night and then went away. The opposite party and Rahim got their injuries examined at the Moti Lal Nehru Hospital. This occurrence was witnessed by Babu Khan, Paras Nath and Mohd. Yaqub. He went to lodge a report but it was not taken down. The complainant filed copies of the injury reports also.

(3.) THE main question for consideration is whether in the circumstances of this case sanction for prosecution under Section 197 Cr. P. C. was necessary. THE relevant portion of Section 197 of the Code lays down as follows :-