BHABESH CHANDRA BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' or 'the CrPC', for short) read with Article 227 of the Constitution of India has been preferred seeking, inter-alia, quashing of the criminal proceeding of Complaint Case no. C.R. 198/2017 dated 20.05.2017, presently pending before the Court of learned Munsiff No. 1/Judicial Magistrate, 1st Class, Goalpara ('the trial court', for short) and the order dated 17.10.2017 whereby the learned trial court taking cognizance of the offences under Sections 342/302, Indian Penal Code (IPC), issued process against the petitioner to stand the trial as the sole accused.

(2.) The primary contention of the petitioner herein who has been arraigned as the sole accused in Complaint Case no. C.R. 198/2017, is that the learned trial court could not have taken cognizance of the offence and issued process against the petitioner (hereinafter also referred to as 'the accused', at places, for easy reference) without there being any sanction for prosecution under Section 197 of the Code. The premise of such challenge is that the accused was the Officer In-Charge of Rangjuli Police Station at the relevant point of time when the death of the son of the complainant had occurred inside the lock-up of Rangjuli Police Station and by no stretch, the alleged offence can be said to be not connected with discharge or purported discharge of the official duties of the accused.

(3.) Heard Mr. M.P. Choudhury, learned counsel for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. Also heard Mr. N. Uddin, learned counsel for the respondent no. 2-complainant.