JARNAIL SINGH Vs. KHUSHBAKHT RAI KORA

JUDGEMENT

(1.) THE petitioner was employed as Functional Manager at District Industrial Center, Mansa. Respondent No. 1 was posted as Executive Magistrate, Sardulgarh. Petitioner was produced before respondent No. 1 under Section 107/151 Cr.P.C. His counsel was present along with bail bonds but the same were not accepted and petitioner was sent to jail on 18.4.2003 for a period of four days till 21.4.2003. Khushbakht Rai Kora, Sub-Divisional Magistrate, Sardulgarh observed that in case petitioner is released, he can do some big misdeed. The order passed by respondent No. 1 is annexed as Annexure P1 and the same read as under :

(2.) PRESENT petitioner had filed a complaint (Annexure P2) to prosecute Sub Divisional Magistrate Khushbakht Rai Kora respondent No. 1 under Sections 219, 343, 120-B and 34 IPC. In the complaint preferred, respondent No. 1 was summoned by Judicial Magistrate 1st Class, Mansa to stand trial on 6.4.2005 under Sections 219, 343, 120-B and 34 IPC. The Sub Divisional Judicial Magistrate, Sardulgarh, on 8.6.2007, on an application filed under Section 245 Cr.P.C. held that respondent No. 1 cannot be proceeded against in view of the bar of Section 197 Cr.P.C. Aggrieved against the same, petitioner had filed a vision petition which was decided by the Court of Additional Sessions Judge, Mansa, who upheld the discharge of respondent No. 1.

(3.) IN case under Section 107 Cr.P.C., the procedure laid down in Chapter VIII of the Code of Criminal Procedure as prescribed in Sections 111 to 118 of the Chapter is to be followed.