RAJEEV KUMAR Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) THE complainant-petitioner has preferred this revision application against the order dated 25.02.2002 passed by the learned Chief Judicial Magistrate, Gaya in Complaint Case No.621/2000 by which the complaint petition has been dismissed on the ground of want of sanction against the accused persons under Section 197 Cr.P.C.

(2.) THE case of the complainant, in brief, is that Dr. Anup Kumar Kedia, the elder brother of the complainant, being a social activist and critic of police and civil administration in different meeting had also filed C.W.J.C.No.5185/1998 against the Gaya Municipal Corporation for enhancement of holding tax, which greatly annoyed the accused Ashok Kumar Singh, Engineer of the Gaya Municipal Corporation. On 18.05.2000, ante-encroachment sleuth consisting of 100 persons including the accused were indulged in removing the encroachment on the K.P. Road, Gaya since 9.30 A.M. in which Ashok Kumar Singh, the Executive Engineer acted in nefarious design and proceeded up to crossing of Kathotar Talab about 200 ft. west to the shop of the complainant at about 10.30 A.M., the accused Ashok Kumar Singh came to the shop of the complainant and inquired about his brother Dr. Anup Kumar Kedia. After knowing from the complainant that Anup Kumar Kedia had gone out for the treatment of his father and the complainant introduced himself as younger brother of the Dr. Anup Kumar Kedia, the accused Ashok Kumar Singh shouted that Anup Kumar Kedia has become the leader of Bania community and raised voice against the police administration and also made satire in the meeting.

(3.) AFTER hearing the learned counsel for both the parties and on perusal of the material on the record, it appears that the occurrence has been taken place during the ante-encroachment drive. The complainant has made specific allegation of assault by the accused and others. The learned Chief Judicial Magistrate has also found injuries on the person of the complainant. The question of the act of the accused opposite party as to whether it was in the official duty or not is to be decided. Both the parties have relied upon the decision in the case of P.K.Pradhan Vs. State of Sikkim reported in (2001) 6 Supreme Court Cases 704 and also in AIR 2001 SC 2547.