RAM LAL JAIN Vs. GURNAM SINGH

JUDGEMENT

(1.) Gurnam Singh, respondent filed a complaint under S. 342/ 500 of the Indian Penal Code against Ram Lal Jain, Tehsildar, Kharar, alleging that he had agreed to purchase the land belonging to one Ajaib Kaur and her son Dilbhag Singh situated in the area of village Landran, Tehsil Kharar. She executed a sale deed in his favour on 15/07/1986 and mutation of the sale was also sanctioned. Ram Lal Jain, Tehsildar sent a demand notice to him for Rs. 5670.00 on account of deficiency in stamp duty on the sale deed, which was returnable on 20/10/1987. He had filed a Civil Suit for permanent injunction restraining the Tehsildar from recovering the amount on account of deficient stamp-fee and in that suit, ex parte proceedings had been taken against the Tehsildar and Collector, Ropar on 12/10/1987. On Oc 20/10/1987, he informed the Tehsildar regarding the suit filed by him, but the Tehsildar told him to pay the amount immediately, or be confined in civil prison. His father who was a Lamberdar had Rs.3000/- in his pocket and he told the Tehsildar to accept that amount and assured that he will bring the remaining amount from his village within half an hour. As soon as his father left for village Landran on scooter, the Tehsildar confined him in civil prison at about 9.45 a.m. and also remarked that he was a "thief". His father returned from the village at 10.30a.m. and paid the total amount of Rs. 5670/ - plus a warrant fee of Rs.10.00 and, thereafter, he was released at 11.15 a.m. from the civil lock up. In this way, he was intentionally insulted and defamed by the accused. There was no condition in the warrant regarding payment of amount and in default there of confinement in civil prison. By this act of the accused, his reputation was lowered in the eyes of the residents of the Tehsil Kharar. He was illegally confined and defamed.

(2.) After recording preliminary evidence the learned trial Court found that a prima face case under S. 342/500 of the Indian Penal Code was made out against Ram Lal Jain, Tehsildar, Kharar and he was summoned to face trial for these offences vide order dated 12/09/1988.

(3.) After the present petitioner i.e. Ram Lal Jain, appeared in the trial Court, he moved an application for dropping the proceedings against him as he was a government servant and was acting in the discharge of his official duties. He could not be removed from his service save by or with the sanction of the State Government. Cognizance of any offence could not be taken against him till sanction under S. 197 of the Code of criminal Procedure was obtained by the complainant.