BISHNU PRASAD MOHAPATRA Vs. RAMESH SAHU

JUDGEMENT

(1.) IN both these applications, the accused is common and identical question of law is involved though the complainants are different persons. Since identical question of law is involved in both these applications, they were heard together and are being disposed of by this common judgment.

(2.) THE Petitioner was at the relevant time a Deputy Superintendent of Police posted at Bolangir and in that capacity served at Bolangir from 3 -11 -1978 till 15 -5 -1981. In these two applications he has invoked the inherent jurisdiction of this Court to quash the cognisance taken against him in two complaint cases, namely ICC. No. 109 of 1980 and ICC. No. 108 of 1980 and also to quash both the criminal proceedings, mainly on the ground that Section 197 of the Code of Criminal Procedure (hereinafter referred to as the "Code") prohibits taking of such cognisance without sanction of the State Government and also on the ground that the Magistrate committed error in relying on the report of another Judicial Magistrate in an enquiry under Section 202 of the Code.

(3.) COMPLAINANT Ramesh Sahu (opposite party in Criminal Misc. Case No. 375 of 1982) field the complaint on 14 -11 -1980 alleging commission of offence by the Petitioner on 12 -11 -1980 between 5 p.m. and 10.30 p.m. at the Sadar Police Station, Bolangir, under Sections 342, 500 and 506 of the Indian Penal Code, which was registered as ICC Case No. 109 of 1980. This complainant was an advocate of the local Bar Complainant Prafulla Kumar Mohanty (opposite party in Criminal Misc Case No. 39 of 1984) also filed the complaint on 14 -11 -1980 alleging commission of offence by the Petitioner on the very day i.e. on 12 -11 -1980 at 5 p.m. at Sadar Police Station, Bolangir, under Sections 342 and 500, Indian Penal Code, which was registered as ICC Case No. 108 of 1980.