BIDHI SINGH Vs. M S MANDYAL

JUDGEMENT

(1.) Respondent Shri M. S. Mandyal (at present posted as Additional District and Sessions Judge, Shimla) was posted as Sub-Divisional Judicial Magistrate, Palampur in the month of July, 1981. On 7/07/1981 head constable Bidhi Singh (petitioner before us) escorted some under-trial prisoners for their production in the Court of Shri Mandyal along with some constables. The under-trial prisoners were produced in hand-cuffs before the learned Magistrate. It is said that on seeing that the under-trial prisoners were brought before him hand-cuffed, the learned Magistrate lost his temper and abused Bidhi Singh by uttering the words 'non-sense' and 'bloody fool'.

(2.) On 22/07/1981 applicant Bidhi Singh filed a complaint in the Court of the Chief Judicial Magistrate. He alleged that by his conduct in the open Court Shri Mandyal had intentionally insulted the complainant Bidhi Singh and had given provocation to him, knowing that it was likely to cause the complainant to break public peace. Preliminary evidence was recorded by the Chief Judicial Magistrate. He directed issue of summons to Shri Mandyal to answer an offence under Section 504 IPC. This was on 30/10/1981.

(3.) Shri Mandyal felt aggrieved by this order and assailed it in criminal revision No. 1 of 1982 which came to be heard by the Additional Sessions Judge, Kangra Sessions Division at Dharamshala. The learned Additional Sessions Judge held in his order of 10/02/1983 that cognizance could not have been taken by the Chief Judicial Magistrate of the complaint against Shri Mandyal in the absence of a proper sanction under Section 197 Cr. P.C. He also held that there is no, prima facie, case justifying issuance of the process to Shri Mandyal. The proceedings pending before the Chief Judicial Magistrate were quashed.