BISWARANJAN DAS Vs. SARAT KUMAR NATH

JUDGEMENT

(1.) Heard further arguments from the parties. Petitioners are the accused persons in ICC No. 15/1995 in the Court of Judicial Magistrate, First Class, Narasinghpur. They have filed this application under S.482, Cr. P.C.challenging the order dated 30-4-95 by which learned Magistrate rejected the contention of the petitioners that they are protected under S.197, Cr. P.C., and the order of cognizance is illegal in the absence of a sanction under that provision of law.

(2.) It is the admitted case of the parties that petitioner No. 1 is the Range Officer and the petitioner No. 2 is the Forest Guard working under the Forest Department and at the relevant time serving under the Narasinghpur Range. It is the further admitted fact of the parties that the complainant/opposite party was a wanted criminal in connection II(b) G.C.No. 65/95 and on 24-4-95 at about 9 a.m. petitioners found and arrested him and took him to the Range Office. It is the further admitted facts that on 26-4-95, opposite party was produced before the Magistrate. He complained of ill-treatment, assault and abuse said to have been made by the petitioners. In that context, learned J.M.F.C.forwarded the opposite party to the hospital for medical examination and upon receipt of the injury report, he, treated the written complaint of the opposite party as complaint petition and registered the same as I.C.C.No. 15/95. Learned J.M.F.C.conducted an inquiry under S.202, Cr. P.C.and on perusal of the statements of the witnesses including that of the complainant found a prima facie case to have been made out under Ss. 323/294, IPC and took cognizance of such offences.

(3.) Petitioners approached learned Magistrate to recall the aforesaid order of cognizance on the ground that arrest and detention was made by them in due discharge of the official duty and the allegation of assault is out and out-false, therefore in the absence of sanction under S.197, Cr. P.C.from the concerned authorities, learned Magistrate should not have taken cognizance of the offence. Learned Magistrate after hearing the parties rejected the contentions advanced by the petitioners on the ground that there is no nexus between the official duty performed by the petitioners and the allegations of assault alleged against them by the opposite party inasmuch as after arrest of the opposite party at 9 a.m., he alleged that he was assaulted inside the Range Office in the night at about 9 p.m.