K BHAGWAN Vs. BASANT KUMAR RAMOLE

JUDGEMENT

(1.) This revision of the accused persons is directed against the impugned order of the trial Court, whereby, their petition for dismissing the private complaint filed under section 500 of the I.P.C. for want of State Governments sanction under Rule 20 of the M.P. Civil Services (Conduct) Rules 1965, was rejected.

(2.) B K. Ramole, Dy. Collector, posted at Bilaspur and Incharge of Food and Civil Supplies Section of the Collectorate had filed a private complaint against the Printer, Chief Editor, and the Editor of the news weekly Boond Aur Moti under section 500 of the I.P.C. in the matter of Scurrilous imputations, published against him in the weekly-issues dated 19.2.1981,22.2.1981 and 8.3.1981. Admittedly, in the matter of this complaint no sanction had been obtained by the public-servant viz, the complainant Deputy Collector B.K. Ramole. The Trial Court had taken cognizance of the offence and had framed the charge against the applicants and non-applicant No. 3 under section 500 of the I.P.C. Later, the accused persons filed an application for dismissing the complaint for want of sanction, in accordance with Rule 20 of the M.P. Civil Services (Conduct) Rules, 1965.

(3.) The trial Court, vide its impugned order, held that Rule 20 ibid was not attracted, in as much as the alleged character assassination, as contained in the various issues of the newspaper, were personal in nature and not connected with the official discharge of the complainants duties as a Public Servant. Accordingly, the accuseds petition, objecting to the tenability of the complaint was dismissed. Hence, now, the present revision.