MOHD TAJUDDIN Vs. D NAGA SURYA PRAKASA RAO

JUDGEMENT

(1.) This Revision is directed aga inst the order passed by the court of Additional Sessions Judge, Khammam in reversing the orders passed by the court of II Additional Judicial Magistrate of First Class, Khammam in holding that the prosecution was bad for want of sanction under Section 197(3) Cr.P.C. Section 197(3) warrants sanction before prosecuting any person for the acts done in the discharge of his official duty. In the instant case, the accused 1 and 2 are the Inspectors of Police, while the A-3 is the Head Constable and A-4, a Constable. In connection with the civil supplies matter, they suspected violation of the control orders relating to the user of the wheat. The wheat was supplied by American Government for a particular purpose, but it was suspected to have been put to a different use than that. Certainly, this act of the petitioners-accused proceeding to the house of the complainant was in discharge of their duties as government servants and not privately. While discharging their duties, the accused had perfectly acted in accordance with law to go to the house of the complainant i.e., the 1st respondent herein in search of the offender and such a course for search, interrogation and arrest of theaccused and if necessary to enter any permises are contemplated under law and all such actions are deemed to be in discharge of the functions as Police Officers in the course of theiremployment, As such, the permission under Section 197(3) was necessary.

(2.) On scanning through the material on record, I am of the considered view that the order passed by the Court of Magistrate in holding that the prosecution is bad for want of sanction under Section 197(3) Cr.P.C. is cogent and valid and the order of the court of the Additional Sessions Judge, Khammam in Crl.R.P.No.41 /89 is set aside restoring the order passed by the Court of II Addl. Magistrate of First Class, Khammam. The consequence is that the criminal proceedings launched against the petitioners in C.C.No.405 /84 on the file of the II Addl. Judicial First Class Magistrate, Khammam stand quashed.

(3.) This Criminal Revision Case is accordingly allowed.