BAIDYANATH HATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Ss. 397, 398 and 401 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is directed against the order dated 15-11-1994 passed in Complaint Case No. C.632/94 by the Chief Judicial Magistrate, Sitamarhi by which he dismissed the complaint petition filed on behalf of the petitioner.

(2.) From the present application it appears that the petitioner had filed the aforesaid complaint case in the Court of the Chief Judicial Magistrate, Sitamarhi alleging therein that on 1-10-1994 at about 4-30 p.m. while the petitioner was inside his house, opposite party No. 2, Shri Narendra Prasad Singh, District Certificate Officer, Sitamarhi all of a sudden entered into his house and asked the petitioner to come out. When the petitioner came out of his house he was told by opposite party No. 2 that a sum of Rs. 71,000/- is due against his brother Raghunath Hathi for which a certificate case was pending. On enquiry, the petitioner told opposite party No. 2 that his brother was not inside the house but had gone to Dumra. Opposite party No. 2 insisted on the petitioner to pay the certificate money on which the petitioner informed him that this amount was taken by his brother Raghunath Hathi about which he had no knowledge. On this opposite party No. 2 lost his temper and abused the petitioner in a filthy language by stating "Sala Madhar Chod Netagiri Batiyata Hai" and also pushed the petitioner and forced him to sit on the Jeep. The petitioner was brought to Village-Mahsaul where another person, namely. Bashir Ahmad Mukhiya was also arrested. Both of them were taken to Sitamarhi police station and were kept under lock. Opposite party No. 2 told the petitioner that if his brother would deposit Rs. 10,000/- only then he could be let off. It was only when this amount was deposited by his brother Raghunath Hathi then the petitioner was let off from the police station. He was intentionally insulted by opposite party No. 2 in presence of public. He happens to be a respectable citizen and the Mukhiya of Punar Gram Panchayat since 1978 and commands substantial respect in the district. Accordingly, the petitioner filed a complaint petition in the Court of the Chief Judicial Magistrate, Sitamarhi making allegations under Ss. 323, 342, 504 and 506 of the Indian Penal Code.

(3.) The offences alleged against the opposite party No. 2 as per the complaint petition (Complaint Case No. C-632/94) had no nexus with the performance of his official duty as it is not the duty of the public servant to abuse in filthy language to a respectable man of the society and to defame and humiliate him in the eyes of the public and also to assault him or to forcibly take him to any place muchless to a police station and to get him confined therein putting him in wrongful confinement. The performance of the official duty by any public servant cannot extend to the stage of commission of the offences alleged in the complaint petition for which the public servantcan claim any protection under S. 197 of the Code. The learned Chief Judicial Magistrate by the impugned order, however, did not examine the petitioner on solemn affirmation, he simply dismissed the complaint petition for want of sanction under S. 197 of the Code.