GURBACHAN SINGH AND ANOTHER Vs. DR. DIDAR SINGH

JUDGEMENT

(1.) THIS order will dispose of two Criminal Miscellaneous Petitions Nos. 1359 -M and 1360 -M of 1976 filed by Gurbachan Singh, Ex -Executive Officer, Kartar Singh President, and Om Parkash, Secretary, of the Municipal Committee, Maur Mandi, District Bhatinda, against Dr. Didar Singh of Maur Kalan, District Bhatinda Both these petitions have been filed under Section 482, Criminal Procedure Code, 1973, for quashing the proceedings before the Judicial Magistrate 1st Class, Bhatinda, in two separate complaints.

(2.) THE complaint out of which Criminal Miscellaneous Petition No. 1359 M of 1976 has arisen was filed by Dr. Didar Singh Respondent against the three Petitioners under Section 447, read with Section 34, Indian Penal Code, in which the learned Judicial Magistrate after perusing the evidence led and hearing the counsel for the complainant,

(3.) THE Learned Counsel for the Respondent at the out set stated at the bar that in the first complaint three witnesses have been examined by the learned Judicial Magistrate and the stage of framing the charge has reached. Similarly, in the second complaint, seven witnesses on behalf of the complainant have been examined by the learned Judicial Magistrate and that case has also reached the stage of framing of the charge. It has also been stated at the bar by the Learned Counsel for the Respondent that both the impugned orders were agitated by the Petitioners before the learned Judicial Magistrate by submitting applications, seeking protection under Section 197, Criminal Procedure Code, 1973. on the ground that the action taken by them was under the statutory provisions of the Punjab Municipal Act and that they were not removable from service save by or with the sanction of the State Government, and on their failure to get any relief from the Court of Judicial Magistrate, the Petitioners Sled a revision petition in the Court of the Sessions Judge, Bhatinda, and the same was also dismiss d. Ultimately the Petitioner filed a petition in this Court under Article 227 of the Constitution praying that the orders of the Judicial Magistrate and the Sessions Judge be quashed on the ground that the sanction of the State Government was necessary to prosecute them. The said petition was also dismissed by Gurnam Singh, J., on 14th January, 1976, in limine.