RAJENDRA SINGH Vs. RAGHVENDRA SINGH

JUDGEMENT

(1.) This petition has been filed under Section 482, Cr.P.C. against the order dated 16-9-2011 passed by Sessions Judge, Indore in Cr. Rev. No. 601/2011 whereby the order passed by JMFC, Indore in Cri. Case No. 0/10 on 9-5-2011 was affirmed. Brief facts of the case are that on 2-11-2010, non-applicant, Collector was hearing the grievances of public in a "Jansunwai" meeting. At that time, the applicant/complaint made his grievance in respect of non-delivery of possession of land by the Tehsildar as he had purchased the land in public auction and deposited the auction price. During hearing the grievance of applicant, the non-applicant in the presence of many officers and people, threw the papers of the applicant and spoke insulting words to the applicant. Applicant is a social worker and has a good reputation in the society, therefore, he filed a complaint against the non-applicant for the offence under Sections 166, 504, 506 and 500, I.P.C. Learned JMFC after enquiry dismissed the complaint under Section 203, Cr.P.C. as there is no ground to proceed against the non-applicant. The applicant preferred a revision before the Sessions Judge, Indore. Learned Sessions Judge, vide order dated 16-9-2011 dismissed the revision and while affirming the order observed that without the sanction under Section 197, Cr.P.C., non-applicant cannot be prosecuted. Being aggrieved with this order, the applicant has filed this petition under Section 482, Cr.P.C.

(2.) Learned Counsel for applicant submits that there is ample evidence that non-applicant has intentionally harmed the reputation of the applicant, thus, there is sufficient ground for taking cognizance for an offence under Section 500 of I.P.C. But, learned Courts below have considered the probable defence of the non-applicant, which cannot be considered at the stage of taking cognizance. For this purpose, he relied upon the judgment of Hon'ble Apex Court in the matter of Jeffrey J. Diermeir vs. State of West Bengal and another, 2010 6 SCC 243.

(3.) Learned Counsel for applicant further submits that at the stage of taking cognizance, it was not required for the Sessions Judge to consider as to whether for prosecution sanction under Section 197, Cr.P.C. is necessary. Even otherwise also, the offence committed by the non-applicant has no nexus with his official duty, therefore, non-applicant cannot get protection under Section 197, Cr.P.C. He relied upon the judgment of Hon'ble Apex Court in the case of B.S. Sambhu vs. T.S. Krishnaswamy, 1983 AIR(SC) 64.