RAM PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 17-5-1983 taking cognizance .for offences under Sections 500 and 504 of the Indian Penal Code. The complainant happens to be a Sub-Inspector of Police. On the relevant date he had gone to Sadar Hospital at Biharsharif in connection with a case. He was just talking to one Rajendra Babu regarding certain postmortem examination. Rajendra Babu had told the Sub-Inspector that the doctor who had done the post-mortem examination, meaning thereby the petitioner was himself present sitting and, therefore, if necessary, he should make query from him. Further, from the complaint petition it appears that earlier the Sub-Inspector had made certain query in regard to the post-mortem, but that had remained unanswered and, therefore, he thought it advisable to go personally in the hospital.

(2.) When the Sub-Inspector was just at the point of asking question from this petitioner, he stood from his chair and abused the complainant by saying that he was not bound to give reply of letter to such dishonest police officer and further stated that all Darogas are dishonest.

(3.) The learned counsel appearing on behalf of the petitioner has mainly confined his argument on the appreciation of the facts involved in this case and has stated that on the facts and in the circumstances of the case sanction for prosecution of the petitioner under Section 197 of the Code of Criminal Procedure was must and further that the allegations put forward against the petitioner apparently appear to be such which cannot be accepted.