D P JOSHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision by accused is directed against order dated 29.7. 1992 passed by the S.DJ.M., Talcher, refusing to drop the criminal case for want of sanction, under section 197 (2) of the Code of Criminal Procedure. Prayer is to quash the criminal proceeding.

(2.) The facts leading to this revision may not be stated. On 25.1.1989 one Sambhunath Sahu lodged an F.I.R. at Kanika Police Station that at 2 p.m. that day while he was going to the plant site for duty, two Central Intelligence Security Force (C.I.S.E.) Security men stopped him at the gate and assaulted him by means of lathi injuring him thereby. The police registered a case under sections 341 and 323, LP.C. but ultimately submitted final report narrating the results of investigation as follows: The informant was working under M/s. L. & T. (a construction company) and was going inside the N.T.P.S. plant through the eastern gale when one C.I.S.F. Constable obstructed him and asked him to show the gate pass. He could not produce the same and picked up quarrel and even abused the Constable in obscene language whereupon the Head Constable D.P. Joshi (petitioner) gave two lathi blows on his back causing injury. On medical examination, simple injuries were detected on the person of the informant. The report is, concluded by stating that the offence revealed was noncognizable being one under section 323, I.P.C.

(3.) On 14.2.1992, the final report was received in court. On 19.2.1992 the learned S.D.J.M. after perusing the F.I.R., case diary and other connected papers took cognizance of the offence under section 323, I.P.C. against the petitioner and summoned him to appear. On 29.7.1992 the petitioner through his Advocate filed an application to drop the case mainly because of want of sanction under section 197, Cr. P.C. After some discussion, the learned Magistrate took the view that in the facts of the case, the petitioner was not entitled to the benefit under section 197 (2), Cr. P.C. of his order is under challenge in this revision.