A R LASKAR Vs. DWIJENDRA KUMAR DAS

JUDGEMENT

(1.) - This Petition is directed against the order dated 12.10.84 passed by the learned Additional Chief Judicial Magistrate, Gauhati, in Case No. 163 C of 1983.

(2.) The petitioner who is an accused in the above noted case is a member of the Assam Civil Service. In the year 1981 he was posted at Rangiya as Sub-Deputy Collector being a member of Assam Civil Service Class II and he was also part-time Executive Officer of the Rangiya Municipal Board. It is alleged that on 14.10.81 at about 6.30 p.m. While the respondent was - preparing molasses for the purpose of feeding cattle the petitioner along with C.R.P.F. personnel entered into the premises of the respondent with a revolver in his hand and asked the respondent to come out with boiled molasses in cauldron and made him to stand with the said bailed cauldron on the P.W.D, road, The respondent started crying and thereafter the petitioner took: the respondent to his house and again brought him to the P. W.D. road with the cauldron of molasses and compelled him to eat the said molasses which was meant for cattle feed before public: It is further alleged that the petitioner started beating with a cane rod and also threatened to kill the respondent with his revolver.

(3.) Being aggrieved, the respondent filed a complaint petition before the learned Chief Judicial Magistrate, Kamrup, Gauhlti and the learned Court made an enquiry under Section 202 Cr. P.C. and after being satisfied that a prima facie case against the petitioner under Sections 342 and 506 I P.C. was made out, directed issuance 0 f processes against the petitioner. The petitioner took the plea that sanction under Section 197, Cr. P.C. was necessary as he was acting in discharge of this official duty. At the relevant time Section 197 Cr. P.C. was amended and a new sub-section, namely, sub section (5) was added and in view of the aforesaid sub-section, the learned Court stayed the proceeding for making a reference to the State Government. Being aggrieved, the opposite party approached this Court by invoking revisional jurisdiction and this petition was registered as Criminal Revision No 31 of 1984. This Court by an order dated 7.5.84 passed in the above Criminal Revision set aside the order of the learned trial Court and directed the learned trial Court to decide the question whether sanction under Section 197 (1) was required. After hearing both the parties and considering materials on record the learned Court by the impugned order held that in the present case also reasonable connection cannot be held to be present between the act of the accused and the discharge of official duty. To force the complainant to hold the cauldron of boiled molasses on the road for a certain time, to force him to swallow some boiled molasses, to beat him by cane on his refusal to take any further, cannot be considered to be the act none in discharge of official duty. Accordingly, the learned Court held that sanction under Section 197, Cr. P.C. was not necessary. The learned Court, however, allowed the present petitioner to place materials on record during the course of trial for showing what was his duty as public servant and also that the alleged acts were related with his official duty. Being aggrieved, the petitioner has approached this Court.