SUSIL KUMAR PRADHAN AND ORS. Vs. PANKAJ MOHANTY

JUDGEMENT

(1.) THIS two Criminal Revisions are directed against an order dated 3 -10 -1978 passed by the learned Sub -Divisional Judicial Magistrate of Rairangpur directing issue of processes against the accused persons under Section 204, Code of Criminal Procedure.

(2.) ACCUSED Susil Kumar Pradhan is the Sub -divisional Police Officer in the subdivision of Rairangpur in the district of Mayurbhanj Accused Mahesh Chandra Mohanty is a Sub inspector of Police and accused B.K. Parija is an A.S.I. of Police. Accused Khetrabasi Kar is an officer belonging to the Orissa Administrative Service posted at Rairangpur.

(3.) THE learned Sub -divisional Judicial Magistrate held an enquiry under Section 202, Code of Criminal Procedure. During the enquiry a preliminary objection was raised on behalf of the Petitioners that the prosecution was barred for want of sanction of the State Government, as the accused persons were legitimately acting under Chapter X of the Code of Criminal Procedure as public servants in the discharge of their official duty of dispersing an unlawful assembly which was likely to cause a disturbance of the public peace.