SADHAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the judgment and order dated 10.4.2007 passed by learned Sessions Judge, Burdwan in connection with Criminal Motion No. 161 of 2006, whereby and where under the learned Court below dismissed the revisional application and affirmed the order passed by the learned Magistrate dated. 8.9.2006.

(2.) It appears from the order passed by the learned Sessions Judge, Burdwan that the petitioner herein is arrayed as an accused in connection with a complaint Case bearing No. 764/2006 under Section 341 /352/506(ii) of the Indian Penal Code.

(3.) The contention of the petitioner before the learned Court below as well as before this Court is that the petitioner is an officer in charge of a Police Station and as such without obtaining sanction in terms of Section 197 of the Code of Criminal Procedure, no prosecution can be instituted against the petitioner before the learned Court below. The similar plea was raised that the learned Magistrate without considering the application of Section 197 of the Code of Criminal Procedure has issued process against the petitioner.