BOBILLA BABU RAO Vs. STATE OF A P

JUDGEMENT

(1.) This revision is filed against the order, dated 15-11-2003, passed in Crl..M.P. No.201 of 2003 in S.C. No.308 of 2003 on the file of the learned I Additional Assistant Sessions Judge, Warangal.

(2.) The relevant facts, in brief, are as follows :- The revision petitioner herein was the Sub-Inspector of Police, Pasra Police Station during the period from 1-11-1996 to 21-12-1996. The Inspector of police filed a charge-sheet against the petitioner herein alleging that during the period from 9-12-1996 to 11-12-1996, he unlawfully detained one Bhukya Ramesh (hereinafter referred to as 'the deceased') on the ground that he committed theft of self-motor of a tractor belonging to one Bhukya Sammaiah and he caused injuries to the deceased on his buttocks, back and on hands with a view to extract confession from the deceased. Later, on 11-12-1996 when the said Sammaiah gave another report, withdrawing his earlier report regarding the theft of the self motor, the petitioner released the deceased from the unlawful custody and thereafter on 18-12-1996, the deceased was taken to the Government Community Hospital, Eturunagaram where he was treated as out-patient and on 20-12-1996 when his condition became very bad, he was admitted as in-patient and thereafter on 21-12-1996, he was shifted to Jaya Nursing Home, Hanumakonda, but his condition did not improve, therefore, he was shifted to N.I.M.S. hospital and that on 28-12-1996 the deceased died, and that the doctors, who conducted autopsy, opined that the deceased was suffering from Ulcers in the intestines due to which his stomach and liver enlarged and that the injuries accelerated his death and therefore, the revision petitioner/accused is liable for punishment for the offence punishable under Sections 342, 330, 324, 323 and 304 IPC.

(3.) On the said allegation, the learned Magistrate before whom the charge-sheet was filed took the case on file for the said offence and after observing all formalities committed the case to the Court of Session, Sessions Division, Warangal by passing the committal order on the basis of which, the learned Sessions Judge took the case on file as Sessions Case and made over the same to the learned I Additional Senior Civil Judge, Warangal for the purpose of trial. During the course of hearing of charges, the revision petitioner/accused filed an application seeking discharge of all the charges on the ground that there is no material to frame any of the charges levelled against him and that he is entitled for discharge. But the State opposed the said application. The learned I Additional Sessions Judge, after hearing the matter dismissed the petition filed for discharge. Aggrieved by the said dismissal, the present revision petition is filed contending that the learned Assistant Sessions Judge ought to have seen that the offence under Section 304 IPC does not at all attract and that according to the medical opinion, the injuries on the deceased are not fatal and they are only simple injuries and that the death of the deceased occurred due to natural cause. He further contended that the learned Assistant Sessions Judge failed to appreciate and consider the crucial aspect of sanction to prosecute a public servant and the learned Judge failed to observe that once the case is closed, it cannot be reopened and that the order of the learned Assistant Sessions Judge, directing to frame charges under Sections 342, 330, 324, 323 and 304 IPC is bad in law and is liable to be set aside.