PRANA KRUSHNA SWAIN Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) THIS application is directed against the order of the learned Sub -Divisional Judicial Magistrate of Bhubaneswar dated 21.7.1977 refusing to take cognisance of several offences said to have been committed by opposite parties 1 and 2 for want of appropriate sanction under Section 197 of the Criminal Procedure Code

(2.) SHORN of details, the relevant facts for appreciating the points raised in the revision application are these: Petitioner had raised brick kilns at Hanspal by the side of the river within Bhubaneswar area for about three years prior to 1975. The land on which the kilns stood belonged to him and he had obtained licence for a factory, paid panchayat tax as also rent. The Tahsildar issued a notice on the footing that the petitioner had encroached upon the Anabadi land of Government. Petitioner produced his records and as no further proceeding was taken against him, he continued in occupation of the property as before. On 23.4.1975 in the morning while petitioner was at his Jhanjirmangala residence within Cuttack town, he received a telephone message that the Tahsildar's people had come to Hanspal and were forcibly breaking down the kilns as also the residential accommodation by their side and they were assaulting the employees of the petitioner mercilessly. After getting this information, petitioner along with his two sons, nephew and the driver went to the area. He saw that several labourers were engaged in breaking the houses and the kilns. The furniture and account books had been thrown out, some of the employees of the petitioner were lying injured. When he objected, opposite party No. 2, Additional Tahsildar, came to assault him. He and his nephew, therefore, wanted to proceed to the Tahsildar and the Sub -Divisional Officer for appropriate relief. When they were about to leave by their motor car some people shouted from behind and the car was blocked by placing a cart before it. At that point of time, the Tahsildar arrived at the spot along with an Armed Force. Petitioner and his nephew were assaulted by sticks and butts of the guns, On the basis of the aforesaid First Information Report, investigation followed and ultimately charge -sheet was sent to the court against several accused persons including opposite parties 1 and 2. The result of investigation was indicated in the charge -sheet thus: -

(3.) SECTION 197 of the Code provides : -