SUBHASH CHANDRA SINKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Topno, learned counsel for the petitioner and Mr. P. D. Agrawal, learned counsel for the State.

(2.) An interesting question has been poised before this court on behalf of the petitioner as to whether a complaint or FIR could be filed against a public servant without the sanction of the Government when the action of the public servant complained of appears to come within the provisions of Sections 127 and 128 of the Code of Criminal Procedure (in short 'the Code').

(3.) In order to appreciate the points raised, it is necessary to give some facts of the case. One Surajdeo Yadav lodged an FIR on 27-2-95 alleging, inter alia, that the petitioner, the Range Officer of Chainpur Range along with his rifle party came to the village and began to seize woods from the possession of one Rajendra Yadav, the brother of the informant. The woods were to be used for the house which was under construction. The petitioner and his party began to load the said woods in a truck which he brought with them. One Ramjivan rushed to the place and restrained the Range Officer from taking the woods, as a result of which some altercation took place and it is alleged that the petitioner began to beat Ramjivan Yadav with stick. Other villagers assembled on call by Ramjivan Yadav and certain mob started fighting. When the petitioner found that fighting was going towards some uncontrolled situation, he gave order for firing and one blank fire in the air was made. The villagers, however, did not retard and two firings were made in which the informant got one injury in his finger of leg. The another firing hit one Indradeo Yadav in his abdomen who fell down then and there. After the occurrence, the petitioner and his party flew towards southern part of the jungle. The villagers took the injured, Ramjivan and Indradeo, to Dalton ganj for medical treatment but in Nawadih, Indradeo succumbed to the injury. On the basis of the allega tion, a case was registered under Sections 302, 307, 324 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.