AVTAR SINGH ALIAS MANNA Vs. BALWINDER SINGH SEKHON

JUDGEMENT

(1.) Assailed in this petition is the order dated 31.10.2007 passed by the Sub Divisional Judicial Magistrate, Phillaur, accepting the application under Section 245 Cr.P.C and discharging the petitioners (now respondents) (herein referred as 'the respondents') under Sections 211/298/342/365 read with Section 120-B IPC, on the grounds that the respondents are the police officials and, therefore, Section 197 Cr.P.C. was applicable. As such, apparently, without seeking sanction against the respondents, they could not be discharged.

(2.) Facts in the background of the case are that Avtar Singh petitioner- complainant (herein referred as 'the petitioner') filed a complaint against the 11 police officials as well as three private persons namely Gurvinder Singh, Dev Raj and Baldeep Singh for the aforesaid offences and vide order dated 18.9.1999, they were ordered to be summoned. In response to the summons, only Balwinder Singh and Jangir Singh appeared and filed application under Section 245 Cr.P.C. for dropping the proceedings. Later on, the other respondents also joined the proceedings. Thereafter, the court finding that all the respondents except Dev Raj, Gurvinder Singh and Baldeep Singh, were the public servants and sanction under Section 197 Cr.P.C. was required, therefore, Judicial Magistrate Ist Class, Phillaur discharged them for want of sanction.

(3.) Before proceeding to decide whether sanction was required or not for service of the respondents, the crucial question before me was whether the Magistrate after summoning the respondents for the offences, one of which was triable by the court of Session , could himself discharge them for the said offences while exercising the powers under Section 245 Cr.P.C.