ANIL J SOLANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition invokes the extraordinary powers of this Court under Articles 226 and 227 of the Constitution of India and also invokes the inherent powers of this Court under section 482 of Criminal Procedure Code to prevent an apparent miscarriage of justice and gross abuse of the process of the Court. The order of the Sessions Judge, Yeotmal in Criminal Revision Application No. 104/84 dated 6-4-1985 confirming the order passed by judicial Magistrate, First Class, in Criminal Case No. 10/83 dated 11-9-1984 passed below Exts. 21 and 22 is impugned in this petition. Ex. 21 is the application filed by the petitioner as accused No. 1 before the trial court and Ex. 22 is another application filed by the other accused Nos. 2 to 5, who are not parties in this petition, before the trial Court contending that they cannot be prosecuted in the complaint case without obtaining prior sanction under section 197, Criminal Procedure Code. The trial Court allowed the application Ex. 22 filed on behalf of the accused Nos. 2 to 5 and discharged them for want of necessary sanction under section 197, Criminal Procedure Code. However, he rejected the application of the petitioner accused No. 1. This order of the trial Court was confirmed by the sessions judge in Revision. Brief facts may be narrated as follows. The same are extracted from the order of the trial Court in Paragraphs 2 to 6.

(2.) As already stated above, both the courts have found that accused Nos. 2 to 5 were acting in discharge of their official duties under directions of accused No. 1, the present petitioner, and as such they were protected under section 197, Criminal Procedure Code and could not be prosecuted without prior sanction. As regards the petitioner accused No. 1, both the courts have found that the acts amounting to an offence under section 220 of Indian Penal Code and 147(c) of the Bombay Police Act committed by the petitioner were not in discharge of his official duties and hence no sanction under section 197 Criminal Procedure Code was necessary to prosecute him. It must be noted, however, that the trial Court issued process against accused under section 147 of Bombay Police Act and 220 of Indian Penal Code.

(3.) Shri S.V. Manohar, Advocate appears for the petitioner accused No. 1. The State of Maharashtra is represented by Shri V.V. Naik, Asstt. Government Pleader and respondent No. 2-Ramrao who is the original complainant is represented by Shri. V.S. Sirpurkar, Advocate.