RAMDHANI SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the phrase, "acting or purporting to act in the discharge of his official duties", employed in cl. (a) of the first proviso to S.200 of the Criminal P. C. 1973, pertains to a duty to make the complaint, or, has reference to the nature of the incident and the offence alleged in the complaint, or both, is the somewhat ticklish and significant question necessitating this reference to the Division Bench.

(2.) The facts lie in narrow compass and are indeed not in serious dispute. On the 17th of June, 1985, the complainant, Shri Rajendra Prasad, who had been duly appointed as an Advocate-Commissioner, sent the complaint (Annex. '1') to the Court of the Munsif, Bihar Sharif, though the same was addressed to the Chief Judicial Magistrate of Nalanda. Therein it was inter alia alleged that on the 16th of June, 1985, whilst he was effecting the delivery of possession over the disputed land, the petitioners and the other accused persons forcibly obstructed him from doing so and also assaulted and caused hurt to the persons assisting him. Allegations of offences under Ss.143, 147, 186, 353 and 504 of the Penal Code against the petitioners and others were made in the complaint.

(3.) On behalf of the petitioners it is averred that on receipt of the aforesaid complaint from the Advocate Commissioner, the learned Munsif forwarded the same to the Chief Judicial Magistrate of Nalanda, and the latter, without recording the statements of the complainant, or his witnesses, and making any further inquiry in the matter, registered the complaint and took cognizance under Ss.143, 147, 186, 353 and 504 of the Penal Code against the petitioners and others, issued processes against them and transferred the case to the Judicial Magistrate, Second Class, Biharsharif, for trial, vide his order dated the 19th June, 1985.