DHARAM PAL Vs. HARI KISHAN AND OTHERS

JUDGEMENT

(1.) Through this petition, the petitioner has prayed for quashing of order dated 31.05.2008, passed by the Judicial Magistrate, IInd Class, Hisar, whereby the application under section 197 Cr.P.C., filed by respondents Kailash Chander, SI/SHO, PS Barwala and Dharam Raj, ASI, P.S. Barwala was allowed and the proceedings against these respondents have been dropped and they are discharged.

(2.) The brief history of this case is that Dharam Pal, petitioner filed a criminal complaint against respondents, namely, Hari Kishan son of Dharam Chand, Kailash Chander and Dharam Raj for offence under Section 323, 325, 342, 452 and 365 IPC. After recording preliminary evidence consisting of statements of Dharam Pal, complainant, Ved Parkash, Shamsher Singh, Dr. Pardeep Kalra, Medical Officer, Dr. Arun Kumar Gupta, Medical Officer, the Judicial Magistrate Ist Class, Hissar, vide order dated 27.05.1999, summoned the respondents/accused for offence punishable under Sections 323, 325, 342, 452 IPC to face trial. On appearance before the Court of Magistrate, Kailesh Chander and Dharam Raj filed application that as the complainant/petitioner was joined in the investigation of FIR No. 323 of 24.11.1998 under Sections 363, 366 IPC in connection with kidnapping/abduction of Kavita daughter of Devdutt Sharma, the alleged act and allegations put forth by the petitioner has a direct nexus with the official duties of the respondents and thus, no prosecution can be launched against them without obtaining sanction under Section 197 Cr.P.C.

(3.) The Court of Magistrate vide order impugned in the present petition accepted the plea of the respondents and dropped the proceedings against them.