GULAM SARWAR Vs. DEEPAK SHUKLA

JUDGEMENT

(1.) PETITIONER Gulam Sarwar @ Munne Mian has filed this petition under section 482 CrPC against the impugned order dated 27.6.96, passed by 1st Additional Sessions Judge, Raisen in Criminal Revision No. 33/95.

(2.) PETITIONER /complainant Gulam Sarwar @ Munne Mian had filed a criminal complaint against non -petitioners 1 to 8, alleging commission of the offences under sections 166, 168, 120 -B, 294, 323, 324, 342, 392, 427 and 452 read with section 34, of the IPC. After recording the evidence of the complainant and his witnesses, under section 200 and 202 CrPC, the trial Court vide its order dated 12.5.95 held that the accused persons were public servants and the acts committed by them were in discharge of their official duties. Therefore; holding that the sanction under section 197 CrPC was necessary, the trial Court dismissed the complaint as no such sanction was filed in the case.

(3.) SHRI A. Usmani, the learned counsel for the petitioner, placing reliance on the dictum of the Apex Court, in the cases of AIR 1997 SC 2102 [Shambhoo Nath Mishra v. State of U.P. and Others] and AIR 1986 SC 345 [Balbir Singh v. D.N. Kadian and another], contended that the trial Court as well as the revisional Court have erred in holding that sanction under section 197 CrPC was required for the prosecution of non -petitioner accused persons as the acts, alleged to have been committed by them, constituting the above offences under the Indian Penal Code were not even remotely related with the discharge of their official duties.