MANOJ KUMAR RAZAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this application for quashing of the order taking cognizance passed by the Chief Judicial Magistrate, Sheohar dated 18.6.2013 in Complaint Case No. 72 of 2013 and for setting aside the order passed by the Sessions Judge, Sheohar in Revision No. 30 of 2014 dated 05.04.2014.

(2.) The short fact relevant for deciding the present case lies in narrow campus:

(3.) The petitioner aggrieved by the order taking cognizance filed Revision No. 30 of 2014. In Criminal Revision, the petitioner impugned the order taking cognizance on the ground that no offence under sections 323, 504 and 427 of the Indian Penal Code is made out from the materials available on record and also raised the issue that in the absence of sanction under section 197 Cr.P.C. the order taking cognizance is bad as the petitioner is a government servant and the incidence dated 28.2.2013 is connected with the discharge of his official duty. The learned Sessions Judge, Sheohar held out that the order taking cognizance by the Chief Judicial Magistrate does not suffer from any vice as the same was taken after inquiry under section 202 Cr.P.C. He rejected the contention of the petitioner as to protection under section 197 of the Cr.P.C. The learned Sessions Judge distinguished the judgment reported in AIR 2000 SC 3187 (Abdul Wahab Ansari vs. State of Bihar and another) on which the petitioner has relied upon and held out that it is inapplicable in the facts of the case. The relevant part of the consideration by the learned Sessions Judge reads as follows:-