BISWESWAR SATPATHY Vs. CHANDRA SEKHAR KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 15.2.1996 passed by learned J.M.F.C., Rampur in I.C.C. No. 22 of 1995 holding the criminal proceeding initiated against the opposite party not maintainable in absence of sanction from the appropriate authority under Section 197, CrPC.

(2.) THE petitioner is the complainant. The complaint was filed on the allegation that the petitioner is a teacher serving in Mayabarha U.P. School in the district of Sonepur where the opposite party was working as the Sub -Collector at the relevant time. On 5.9.1995 at about 10.30 A.M. when the petitioner entered into the school premises he saw the opposite party sitting on a chair on the school verandah. The moment the opposite party saw the petitioner entering into the school he suddenly flarged up and abused him in obscene language alleging therein that the petitioner had come to the school late and no sooner the petitioner gave a reply that he had come in right time, the opposite party dealt four to five slaps and fist blows on his back and twisted his handforcibly. It is further alleged that when the complainant begged apology after knowing identity of the opposite party the opposite party dealt two to three kick blows on his back. After receipt of the complaint the learned Magistrate took up inquiry Under Section 202, CrPC in which four witnesses were examined by the complainant including the Doctor who stated that the complainant had sustained one grievous injury on his person apart from other injuries.

(3.) LEARNED counsel for the petitioner challenged the order on the ground that the act alleged has no nexus with discharge of official duty and therefore the opposite party is not entitled to protection Under Section 197, CrPC. Mr. Mishra, learned counsel appearing for the opposite party, on the other hand, submitted that the opposite party had gone to the school for inspection in his official capacity and the petitioner having come late to the school, he warned him and in the process if he used some abusive words that can at best be said to be doing something in excess while discharging official duty and, therefore, protection Under Section 197, CrPC is available to him. Learned counsel appearing for both the parties relied on several decisions of this Court and the apex Court in support of their rival contentions.