CHAMAN LAL CHOPRA Vs. MULAKH RAJ PAWA

JUDGEMENT

(1.) THE question for determination in this petition for revision is whether the complaint made by the petitioner Chaman Lal Chopra could have been proceeded with against the respondents who are Government officials without the sanction of the Government under Section 197 of the Code of Criminal Procedure ?

(2.) ACCORDING to the complaint filed by the petitioner on 4th of August, 1964, he holds a monthly pass between Gurgaon and Delhi for travelling in the buses of the punjab Roadways plying between these two places The petitioner resides in gurgaon from where he has to travel to Delhi every day on official business. It happened that the petitioner had to return to Gurgaon after office hours on 28th of june, 1964. He could not find a seat in the bus although he had asked to conductor Kishan Lal, the first respondent, to reserve one for him. The petitioner reminded the first respondent about his request and was met with rude behaviour. The petitioner wanted to record a complaint and the conductor with great reluctance handed over the complaint book to him. A complaint was recorded about this incident by another passenger who was travelling in the bus. The conductor still behaved rudely towards the complainant after the complaint had been lodged in the book and actually made threats to him. The monthly pass of the complainant was retained by the conductor after he had examined it. On reaching Gurgaon the petitioner reported about the behaviour of the conductor to the Inspector, Punjab Roadways, and the Inspector directed the conductor to return the complainant's pass and that was the end of the incident of that day

(3.) ON the following day, i. e. 29th of June, 1964, at 8-30 a. m. the petitioner boarded the bus at Gurgaon for Delhi as usual. The first respondent was again the conductor of the bus and he demanded from the petitioner his monthly pass. The petitioner handed over the pass to him but the conductor refused to hand it back in spite of the petitioner's request. The conductor then asked the driver to take the bus to the General Manager's office where the petitioner was asked to alight from the bus and was taken to the office of the General Manager while the bus proceeded to Delhi. The petitioner was taken to the office of the General Manager shri Mulak Raj Pahwa, the second respondent, where he was kept in detention for two and a half hours. According to the petitioner, he was asked to tender a written apology for his misbehaviour but he declined to yield to any threats. The General Manager then asked the Traffic Manager Shri Jagdish Chand, third respondent, to go to the police station and lodge a complaint against the petitioner. The third respondent forcibly took the petitioner to the police station in the company of the conductor in the General Managers car. At the police station the petitioner met same acquaintances who enquired from him what the matter was. The petitioner narrated the whole incident. Finding suitable opportunity, the petitioner then slipped away from the police station and caught another bus to reach his office in Delhi.