M.L. SANGHI Vs. SURESH KUMAR

JUDGEMENT

(1.) THE petitioner has questioned the legality and propriety of order dated 17.4.2006 passed by the learned Chief Judicial Magistrate, Rewari dismissing the application filed by him for discharge in the criminal complaint (Suresh Kumar v. Partap Singh and others).

(2.) THE petitioner, admittedly is a retired Secretary of the Municipal Committee, Rewari. He was working as a Secretary in Municipal Committee, Bhiwani on 27.5.1992. The petitioner along with two others had been summoned to face trial vide summoning order dated 17.1.2004 for offences under Sections 420/467/468/471/120-B IPC.

(3.) LEARNED counsel for the petitioner has submitted that the petitioner is more than 71 years of age and at present he is a retired person. In view of State of Maharashtra v. Dr. Budhikota Subbarao, 1993(3) RCR(Cr.) 539, even a retired person is entitled to protection. He has also placed reliance on Rakesh Kumar Mishra v. State of Bihar and others, 2006(1) RCR(Criminal) 456 : 2006(1) Apex Criminal 175 : 2006(1) RCC 630 to contend that it is necessary to protect the public servants in discharge of their official duties and as per Section 197 Cr.P.C. no cognizance can be taken against the public servant regarding any act, which was done in discharge of official duties.