NARESH JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a direction that the State Government should take action on the application submitted by him seeking permission to file criminal complaint against certain Government Officials. The copy of the same has been placed on the record as Annexure P/1. According to the petitioner he was picked up from his house on 27th September, 1992 and was put to humiliation. According to him, he was mercilessly beaten also. The petitioner also contends that the acts done by the officials, i.e. respondents Nos. 2, 3, 4, 5 and 6 were not done in the discharge of their official duty.

(2.) THE right to prosecute any person or body of persons by whom one may have been injured, when such injury give rise to an offence is a common right which can only be limited by special legislation. In considering whether the right has been taken away it must be seen whether it is taken away by express words or by necessary implication. Section 190 of the Code of Criminal Procedure, 1973 makes a provision by which cognizance of offences can be taken. However, section 197 of the Code embodies one of the exceptions to the general rule laid down in section 190. Before this section can be invoked two conditions must be satisfied.

(3.) IN this regard it would be pertinent to refer to the observations of Lord Simon in Hari Ram Singh v. Emperor, AIR 1939 F.C. 43 wherein it was observed that "it is the quality of the act that is important and if it falls within the scope and range of his official duties the protection contemplated by section 197 of the Code will be attracted."