KAMALJIT SINGH BHATIA Vs. JYOTI SARUP

JUDGEMENT

(1.) The challenge in this petition is to the order dtd. 6/10/2014 (Annexure P-1) passed by the learned Additional Sessions Judge, Jalandhar, vide which the revision preferred by the petitioner against the order dtd. 9/9/2013(P-2) passed by the learned Judicial Magistrate, 1st Class, Jalandhar, summoning the petitioner along with others, to face trial in criminal complaint No.237/2013 dtd. 31/1/2013 titled Jyoti Sarup vs Kamaljit Singh Bhatia and others, under Ss. 452, 166, 167, 427, 382, 388, 511, 411, 414, 201, 506, 148, 149 and 120-C IPC, has been dismissed.

(2.) The brief facts of the case, as would emanate from the record of the learned trial Court, are as under:-

(3.) Pursuant to the recording of preliminary evidence, all the accused persons came to be summoned under Ss. 452, 166, 167, 427, 382, 388, 511, 411, 414, 201, 506, 148, 149 and 120-B IPC vide order dtd. 9/9/2013. Three summoned accused namely, Rahul Gupta, the then Joint Commissioner, Municipal Corporation, Jalandhar, Hemant Batra, the then M.T.P., Municipal Corporation, Jalandhar and Rajiv Rishi, the then Inspector, Municipal Corporation, Jalandhar filed their revision petitions against the summoning order dtd. 9/9/2013. The Court of learned Additional District Judge, Jalandhar came to the categoric conclusion that the petitioners therein (accused No.2, 3 and 5 in the complaint) had acted in the discharge of their official duty. Since they had acted in their discharge of official duty, the Court could not have taken cognizance of the complaint in the absence of sanction under Sec. 197 Cr.P.C. Therefore, the summoning order qua the said three accused was set aside and they were discharged vide order dtd. 6/10/2014 (P-10). Para Nos.6 and 7 of the order dtd. 6/10/2014 are reproduced herein below:-