SUMITRA DEVI Vs. MANJIT SINGH SH;SWAT

JUDGEMENT

(1.) Requirement of obtaining sanction, as envisaged under the provisions of Section 197, Cr. P.C. for prosecuting a Government servant, would be an issue arising for determination in the present case. Daughter of the then powerful political figure is pitted against the senior police officers in this case. Dr. Sumitra Devi, daughter of the then Chief Minister, is aggrieved against the order passed by Addl. Sessions Judge, Hisar quashing the summoning order and proceeding against Manjit Singh Ahlawat and Rajesh Duggal, who were then working as Superintendent of Police and Station House Officer, Police Station, Civil Lines, Hisar on the ground that sanction had not been obtained for their prosecution, as required under Section 197, Cr. P.C.

(2.) Petitioner filed a complaint against the respondents under various sections of the Indian Penal Code pleading that they had entered into her house and had used criminal force, besides committing theft and as such they be prosecuted for those offences. The issue arose between the parties when the daughter of the petitioner was not allowed to celebrate her birthday party at P.W.D. Rest House. The complaint of the petitioner is that on 20-5-1998 her daughter had gone to P.W.D. Rest House, Hisar for celebrating her birthday party at about 7.30 p.m. Soon thereafter, the petitioner received a telephonic call from her daughter that she was being stopped from holding the birthday party and that her articles were thrown and was asked to vacate the Rest House. Petitioner rushed to the Rest House and met Renu Phulia and Lalban present there. She states to have requested them to allow the child to celebrate the birthday party, but was refused permission. Disclosing that she was the daughter of the then Chief Minister and as such deserved better treatment, the petitioner complains that still she was not allowed to continue with the party and was insulted in public. The petitioner and her daughter, as such, returned without celebrating the party. The petitioner claims to have thereafter gone to the market for doing some shopping and on reaching her house at about 9/9-30 p.m. she found it having been encircled by police. Respondents were amongst the number of police personnel present there and they had already entered the house. On enquiry by the petitioner from respondent No. 1 as to why the police had entered into her house and when asked to show search warrant respondent No. 1 got enraged and gave 2/3 blows with danda on the right knee of the petitioner. Respondent No. 2 statedly abused the petitioner and gave her fist blows and slaps. Complaint further is that both the respondents threatened to kill the petitioner. It appears that the petitioner was taken into custody and handed over to lady police. The petitioner was escorted to police station by respondent No. 2. She was got medically examined from Civil Hospital. Hisar and produced in the Court on the following morning, when she was remanded to judicial custody. She was also admitted in the hospital because of her condition and was released on bail on 22-5-1998.

(3.) On return to her house, upon being released on bail, the petitioner found her almirah broken and a sum of Rs. 7,50,000/- coupled with gold jewellery, weighing ten tolas missing therefrom. On enquiry made by the petitioner from one Manik Dange, who was present in the house, she learnt that respondents had broken the latches of the almirah and had removed the cash and jewellery, Photographs of the broken almirah were taken by calling a photographer and complaint was made to the DIG Hisar in this regard. The petitioner and her husband met the DIG 2-3 times thereafter, but he did not take any action. The petitioner rather noticed that he was making effort to save the guilty police officials, which compelled her to file the complaint before Illaqa Magistrate on 13-6-1998.