JHUNNA BAI Vs. LAXMINARAYAN

JUDGEMENT

(1.) THE impugned order of the trial Court, scrutinized in the light of the present applicant -complainant, and statements recorded so far on her side. Written complaint is found to have been filed in the trial Court on 1 -10 -73. State Government -notification (Home Department -police) No 17992 -B -(3) published in the M.P. Extra ordinary Gazette dated 14 -5 -81, which has been made applicable to the members of the State Police Force, for purposes of operation of Sub -section (2) of Section 197 of the Code of Criminal Procedure, 1973 has only prospective effect; and as such, can be availed or, in cases of the period after the date of the publication of this Notification. But, it, having no retrospective effect, cannot apply to earlier offences, alleged to be committed prior to this date of notification. In the instant case, written complaint being of the year 1973 this Notification obviously has no application.

(2.) THE facts as alleged in the written complaint and the evidence so far adduced by the complainant on her side before the stage of framing of the charge, prima facie indicate that the offences in question had not been committed in the discharge of official duties. Therefore, the cognizance of the offence was initially rightly taken by the Court, and consequently objection in this regard had been rightly rejected by the trial court vide its order dated 11 -10 -77.