SHYAMLAL RAJAK ALIAS SHYAMLAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) BOTH the petitioners are police officials and at the relevant time petitioner No.1 Shyamlal Rajak was Officer Incharge of Phulwarisharif RS. District Patna and Petitioner No.2 Chandrabhushan Singh @ Chandrabhushan Prasad was Assistant Sub -Inspector of Police in the same police station. They have prayed for quashing the proceedings in Complaint Case No. 121(C)/ 2000 and also order of cognizance dated 3rd February, 2000 passed in that case by the learned Chief Judicial Magistrate, Patna and order dated 4.5.2000 passed by the learned Judicial Magistrate, Patna by which process was issued, in sofar as those orders relate to the petitioners.

(3.) ON behalf of the complainant it has been submitted that as per allegations in the complaint petition the son of the complainant, namely, Gyan Das @ Bhondu was also taken to the police station by the petitioners and thereafter he was handed over to three other co -accused and since then the said son of the complainant is missing and the complainant is under, an apprehension that he might have been killed. According to the learned counsel for the complainant, in view of such serious allegation protection under section 197 of the Code of Criminal Procedure is not available to the petitioners at least at the present and requirement of sanction may subsequently be examined by the trial court during trial.