GAJENDRA NATH CHOUDHURY Vs. VINOD KUMAR PIPERSENIA

JUDGEMENT

(1.) THE complaint/Petitioner an Office Assistant in the office of the then Sub -Divisional Officer, Nalbari, while discussing with Smti Dharitri Devi and Shri Khanindra Narayan Roy, Office Assistants in the Office of the Superintending Engineer, P.W.D. National Highway, Nalbari about letting out room of the complainant, the Respondent suddenly appeared from behind and gave blows on the head and slaped on his face alleging that the Petitioner was inking bribe from two aforesaid persons. At the order of the opposite party his body guards took the Petitioner to the opposite party with the said two persons and the complainant was rebuked by the opposite party. The complainant -Petitioner alleged that his reputation was lowered before the eyes of the public end accordingly filed the complaint Under Section 202 of the Code of Criminal Procedure.

(2.) THE trial court after examining the complainant on oath called upon the complainant to produce witnesses in support of his case Under Section 202 Cord of Criminal Procedure on 12.4.85 by his order held that sanction Under Section 197 Code of Criminal Procedure as per provisions of the Assam Amendment Act, 1983 required to proceed against the opposite party and held that a reference to the State Government is compulsory and passed order for referring the case to the Govt. of Assam for necessary certificate as directed by Section 5(a) of the Amendment Act. The Petitioner moved this High Court impugning the said order in Criminal Revision No. 173/85 and the Petitioner was allowed on 27.5.85 with direction to the Magistrate to dispose of the matter afresh in accordance with law. The Sub -divisional Judicial Magistrate, Nalbari heard the entire matter and after appreciating the materials on record passed an order on 5.8.85 holding as follows:

(3.) ON 14.10.85 Public Prosecutor filed an application on behalf of we opposite party being registered as petition No. 879 of 14.10.85 (Annexure D1 to the petition) contending that vide notification No. PLA, 95/80/29 dated 16.6.80, the Governor of Assam directed that provisions of Sub -section (2) of Section 197 Code of Criminal Procedure applied to, amongst other, public servant holding the post of Additional District Magistrate and Executive Magistrate; that the opposite party is entitled to protection under Section 197(2) of the said code and as such previous sanction of the State Government was required before issuing of summons; that under the amendment provisions of Section 197 of the Code no cognizance can be taken for any offence against a public Servant without prior sanction, No mention was made in the said petition that the opposite party assaulted the Petitioner while acting of purporting to act in discharge of his official duty. The case was transferred to Shri (sic) Sarma Munsiff judicial Magistrate before whom the case was pending, has been transferred.