MITHLESH KUMAR Vs. SHYAM LALL PAIK

JUDGEMENT

(1.) This revisional application is made under section 397 read with section 482 of the Code of Criminal Procedure.

(2.) The contention of the applicant herein is that at the time of passing the order the learned Judicial Magistrate ignored the provisions of section 197 of the Code of Criminal Procedure whereunder when a person of importance under such section wanted to be prosecuted connected with the discharge of the official duty, no Court shall take cognizance of such offence except with the previous sanction by the authority concerned. The learned Magistrate of the Court below held that publication of some defamatory matter allegedly springs out from his official course of duty. So it is amply clear that the complainant sought relief before this Court against the accused person for making false publication in a local weekly newspaper against him allegedly done by the accused person in discharge of his official duty, sanction under the aforesaid section is not required for initiating a legal action before the Court of Law.

(3.) The question hereunder before this Court is whether there was any necessary of granting leave under section 197 of the Code of Criminal Procedure or not. The Court dismissed the application of the applicant hereunder and held that complainant wanted to take legal action against the accused person for the offence of alleged monetary irregularities, then obviously the complainant was to take necessary permission/sanction otherwise it is not required.