SRI PRADIP CHOUDHURY Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS Rule was issued at the instance of the complainant Pradip Choudhury who filed a complaint against the Superintendent of Police, Cachar, and seven other constables whose names were not disclosed, on the allegation that he was roughly handled and assaulted by the accused persons. The complaint was filed on the 20th August 1956, before the Magistrate at Karimganj which was dismissed by the presiding officer with (he remark "Seen the complaint petition. Heard the lawyer for the complainant. Complaint petition is filed, as there is no sanction under Section 197, Criminal Procedure Code, which covers the accused."

(2.) MR . H. Goswami appearing for the petitioner has contended before us that in the circumstances of the. case, there were no materials before the Court to hold that any sanction was necessary under Section 197 of the Code of Criminal Procedure and even if it be assumed that the accused persons were protected - particularly the Superintendent of Police, - the learned Magistrate ought to have allowed the complainant to lead evidence on, the point without dismissing the complaint.

(3.) IT appears from the judgments of the learned Magistrate as well as of the learned Sessions Judge that they were of the opinion that the Superintendent of Police was acting in the circumstances of the case or at least purported to net in the discharge of the official duties in the matter of commission of the offence as alleged and as such, he could not be prosecuted without a Sanction under Section 197, Criminal Procedure Code.