LAWS(P&H)-1986-7-32

JAGJIT SINGH Vs. DALIP SINGH GILL

Decided On July 29, 1986
JAGJIT SINGH Appellant
V/S
Dalip Singh Gill Respondents

JUDGEMENT

(1.) ADMITTED and disposed of simultaneously. The petitioner is one Jagjit Singh, a Deputy Superintendent of Police of the Vigilance Department (now retired). The complainant-respondent Dalip Singh Gill accused him of offences under section 392/296/448/323/504/148/149, Indian Penal Code, having been committed by him as a member of an unlawful assembly in which the other members were respondents 2 to 6, out of whom respondent No. 2 Rup Chand Sharma has since died. The complainant-respondent filed a complaint in the Court of the Judicial Magistrate Ist class, Bhatinda. The trial Court, after recording preliminary evidence, summoned the accused persons inclusive of the petitioner under section 323/504/149, Indian Penal Code.

(2.) ON appearance, the petitioner objected to the continuance of proceedings against him by taking shelter under section 197, Criminal Procedure Code. He took the plea that without sanction from the State Government, his trial under those sections was illegal and thus proceedings against him required to be dropped. Mr. Jaswant Singh Korey, the Presiding Officer of the Court, vide order dated 8.9.1983 allowed the application and directed the complainant to obtain sanction from the State Government on or before 6.10.1983. The complainant applied for the requisite sanction but was unable to get it before 6.10.1983, the date fixed in the case. Accordingly, the legal consequence which ensued was that the proceedings as far as the petitioner was concerned stood dropped. The complaint, however, proceeded against the remaining accused. On 26.7.1984 vide order Annexure P.6., the accused were discharged since the complainant did not put in appearance on the date fixed in the case.

(3.) THE complainant respondent, however, could obtain sanction under section 197, Criminal Procedure Code, from the Government on 11.10.1985 to prosecute the petitioner. The sanction was wide enough to cover offences under sections 392/420/506/296/448/323/504/148/149, Indian Penal Code. On the strength of such sanction, the complainant-respondent filed a fresh complaint against all the accused inclusive of the petitioner on which an order was passed summoning all the accused under the aforesaid sections.