GOKUL SAIKIA Vs. ASHOK SAHU

JUDGEMENT

(1.) This revision petition arises from the order dated 12.10.82 passed by the learned Judicial Magistrate, 1st Class, North Lakhimpur, in C.R. Case No. 850 of 1982 relating to sanction under Sec. 197, Code of Criminal Procedure.

(2.) On 19.7.82 the Petitioner Gokul Saikia made a complaint in the Court of the learned Judicial Magistrate, 1st Class, North Lakhimpur against the opposite party Ashok Sahu who was the Superintendent of Police, North Lakhimpur stating.' inter alia that on 14.7.82, the Superintendent of Police (SP) assaulted the complainant Gokul Saikia with pistol and lathi. On 19.7.82, the learned Magistrate examined the complainant under Sec. 200, Code of Criminal Procedure and took cognizance of the offences punishable under Ss. 323, 325 and 504, IPC against the SP. On 7.3.82 the Assistant Public Prosecutor filed an application' for dropping the proceedings against the SP on the ground that junction under Sec. 197, Code of Criminal Procedure is requited for prosecution of the SP. The learned Magistrate by an order dated 12.10.82 allowed the prayer of the Assistant Public Prosecutor holding that sanction for prosecution under Sec. 197, Code of Criminal Procedure is required: hence this petition to this Court.

(3.) Mr. J.M. Cboudhury, learned Counsel for the Petitioner, hat submitted that there is no material on record to show that the S.P. committed the act in his official capacity or under the colour of the office held by him. Mr. B. Patnaik, the learned Counsel for the opposite party has submitted that there are sufficient materials on record to show that there was director reasonable connection between the act complained of and the discharge of the official duty.