KRISHNENDU NARAYAN CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AGGRIEVED by an order of dismissal of the complaint relating to the alleged commission of offences punishable under Sections 341/323/324/325/326/ 500/34 of the Indian Penal Code by the opposite party Nos. 2 and 3, who happened to be the Superintendent of Police, Malda, and the Additional Superintendent of Police, malda at that material point of time, the petitioner moved the instant Criminal Revision.

(2.) IT appears from the perusal of the impugned order that the said complaint was dismissed under Section 203 of the Code of criminal Procedure by the learned Court below on the ground that the alleged act committed by the accused police officers were reasonably connected with their official duty and thus, in terms of provisions of section 197 of the Code of Criminal Procedure, previous sanction is necessary for their prosecution and there was no sanction in terms thereof.

(3.) THUS in the instant criminal revision the only point fell for decisions whether the alleged act of the accused police officers are reasonably connected with their official duties and thus a sanction under Section 197 of the Code of Criminal Procedure is necessary.