BASANT KISHORE SWAIN Vs. RAMA CHANDRA MOHAPATRA

JUDGEMENT

(1.) THIS is an application under Section 482, Code of Criminal Procedure filed by the complainant against the order of the learned Judicial Magistrate First Class, Ranpur dated 13.8.98 dismissing the complaint under Section 203, Code of Criminal Procedure for want of necessary sanction under Section 197, Code of Criminal Procedure.

(2.) THE brief fact of the case bereft of unnecessary details is that on 7.7.98 at about 7.00 P.M., the accused -petitioner, who is a Police Officer, went to the house of the complainant situated in village Katunisila when the complainant was absent in his house and under suspension in a gold -chain theft case, brought P.W.1 with him by his motor -cycle from his house to Rajsunakhala outpost for interrogation. At Rajsunakhala out -post, P.W.I was kept in confinement by putting him inside the police lick -up by the accused -opposite party. Without giving any importance to the request of the complainant, the police officer abused P.W.I in filthy languages and assaulted him causing injury. On 8.7.98 at about 4.00 p.m., he was left from the police custody. On account of injuries in the person of P.W.I, the complainant took him to the Capital Hospital, Bhubaneswar for his treatment and come back on 19.7.98.. On 20.7.98 the complaint has been filed.

(3.) SRI D.K. Mishra, learned Counsel for the opposite party however controverts the submission made by the learned Counsel for the Petitioner and submits that the Petitioner is a public servant notified as such by the Government in terms of Sub -section (3) of Section 197, Code of Criminal Procedure and thus, a sanction for his prosecution under Section 197, Code of Criminal Procedure for prosecution, no court could take cognizance of any offence it is further submitted that not only the allegation of abuse and assault is in blue but even assuming that there is any truth in such allegation, the act complained of being in due discharge of his public duty may be in excess, the same; being not extricable from the purported discharge of duty, a sanction is necessary.