S A AZEEZ Vs. PASAM HARI BABU

JUDGEMENT

(1.) Accused No. 1 in C.C. No. 286/1998 on the file of the learned VI Additional Munsif Magistrate, Guntur, filed this petition under Section 482 of the Code of Criminal Procedure, to quash the proceedings therein against him.

(2.) 1st respondent lodged a private complaint against the petitioner and others, numbered as C.C. No. 286/1998, on the file of the learned VI Additional Munsif Magistrate, alleging that when the petitioner was working as Sub-Inspector of Police, Chebrolu Police Station, he arrested the 1st respondent in execution of non-bailable warrant issued by the learned VI Additional Munsif Magistrate, Guntur, in C.C. No. 196/1995, on 1-7-1997, but detained the 1st respondent illegally and beat him in the police station and produced him in the Court on 7-7-1997. The learned Magistrate took cognizance of the offence under Sections 343 and 324 of the Indian Penal Code. Later, petitioner filed Crl. M.P. No. 1161/2000 before the lower Court to discharge him on the ground that there was no previous sanction from the State Government. The learned Magistrate dismissed the petition on 21-7-2000 holding that the illegal detention of and the assault made against the 1st respondent was not part of the official duty of the petitioner and as such there was no necessity to obtain prior sanction under S. 197, Cr. P.C.

(3.) Aggrieved by the dismissal of his petition, A1 filed the present petition to quash the proceedings against him on the ground that no sanction order, as required under Section 197, Cr. P.C., was obtained to prosecute him and that the allegations, at best, may amount to excess discharge of public duty.