MADAN SINGH Vs. P K BASUK

JUDGEMENT

(1.) The petitioner has filed this revision application against the order passed by the Additional Chief Judicial Magistrate. Barh, in Case No. 424 C/78 on 2nd June, 1979. By this order, the Magistrate has directed the complainant of the case to bring an order of sanction from the State Government under section 197 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for the prosecution of the accused persons of the case, who are opposite party here.

(2.) The petitioner is a resident of village Achhuara. within Barh Police Station, in the District of Patna. Opposite party Nos. 1, 2 and 3 were, at the relevant time, Sub-Divisional Officer, A.S.P. snd Circle Officer at Barh. Opposite party No. 4 was the driver of the A.S.P. and Opposite party No. 5 was a constable.

(3.) The case as made out in the petition of complaint, which is Annexure "1" to petition, is out and out a case of dacoity against the members of the opposite party. It has been stated that the petitioner, who is a Brahmin, is a member of the forward class and members of the opposite party wanted to take some revenge from him, and so they all came to his house on the date of the occurrence and started assaulting him and other members of his family and committed dacoity in respect of a good number of articles. It is unnecessary to go into these details. It may only be mentioned that there is absolutely nothing in the complaint to give even an indication that the accused persons (opposite party Nos. 1 to 3) had gone there to perform any official act.