SWARUP KANTI DEY Vs. P K MISHRA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the order dated 16.04.2004 passed by learned Judicial Magistrate, 1st Class, West Tripura, Agartala(Court No.2), in Case No.C.R.1280 OF 2003.

(2.) HEARD learned counsel, Mr. P. Roy Barman appearing for the petitioner. None appeared for the respondent.

(3.) LEARNED counsel, Mr. P. Roy Barman has submitted that discharge of official duty and demand of bribe are completely distinct act committed by the accused and demand of bribe can in no way be said to be a part of the discharge of the official duty and therefore no sanction was necessary for taking cognizance against the accused respondent. It is also submitted that law has been settled by Hon'ble Apex Court in catena of decisions and under the facts and circumstances of the case the order passed by learned Magistrate was wrong and liable to be interfered. For ready reference let us reproduce here the relevant part of Section 197 of Cr.P.C. which runs as follows:-