(1.) DARSHNA Kumari had filed a criminal complaint against the petitioner and others with respect to offence punishable under sections 500/504/ 506/149 IPC. She had asserted that certain persons had caused injuries to her son Vijay Kumar. The petitioner was the Station House Officer, Police Station 'B' Division, Amritsar. He used his undue influence and threatened to implicate the complainant and his family. She was being forced to withdraw the complaint. The complainant did not agree. She was involved in a case under Section 110 Cr. P.C. by the same police station and by the petitioner. In those proceedings, the complainant was discharged. Certain allegations had been levelled against the complainant which were totally defamatory and even she was criminally intimidated.
(2.) THE learned Judicial Magistrate, Amritsar summoned the petitioner and others as accused. The application filed by the petitioner stating that without sanction contemplated under sub - section (3) of Section 197 Cr.P.C. he could not be prosecuted, was dismissed. The learned Judicial Magistrate held that this can be considered after the evidence is recorded as to if the act of the petitioner was performed in discharge of his official duties or not. The petitioner filed a revision petition in the court of Sessions. The learned Sessions Judge dismissed the revision petition. The reasoning given by the learned Sessions Judge was basically the same that this question can be looked into after evidence is recorded.
(3.) AGGRIEVED by the same, the present petition has been filed under section 482 Cr. P. C. for quashing the complaint pending in the court of Judicial Magistrate, Amritsar. It has been asserted that the application filed by certain residents against the complainant had been forwarded to the petitioner. He had verified the facts and acted in the discharge of his official duties. Therefore, it was alleged that sanction under sub -section (3) of Section 197 Cr. P. C. was necessary before the petitioner could be prosecuted.