PANCHAM LAL Vs. DADAN SINGH

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing the trial of the petitioner under Sections 504 and 323/109 of the Indian Penal Code.

(2.) The incidents out of which the present application arises took place on 5.12.1976. On that date the petitioner, a member of the Indian Administrative Service was posted as Sub-divisional Officer at Arrah. The incidents of 5.12.1976 led to filing of a complaint by Dadan Singh, opposite party against the petitioner and thirteen others. Arising out of the same incidents the police of Udwantnagar Police station also instituted case No. 3 (12) 76 on the basis of a written report of K.P. Sinha, Circle Officer Udwantnagar against Ram Pukar Singh and Shree Narayan Singh. The complaint filed by the opposite party alleged commission of offences under Sections 147, 323, 500, 502 and 504 of the Indian Penal Code. It was alleged in the complaint filed by the opposite party that with the object of instigating class war between backward classes and forward classes, the petitioner along with K.P. Sinha, Anchal Adhikari, Udwantnagar was getting the ripe paddy crop of plot No. 2176 forcibly harvested by accused 3 to 14. The complainant alleged that the paddy crop had been grown by him and there was no justification for the petitioner to have got the crop harvested by accused 3 to 14. On learning of the forcible harvesting of his crops by the accused, the complainant went to the field and protested to what, was happening there, but the petitioner, it is alleged, used abusive language. The abusive language said to have been used by the petitioner was "Sale Tumhare Bap Ka Khet Haiv and other expressions. This provoked the complainant, but he contained himself with great difficulty. The second allegation against the petitioner in the complaint was that the petitioner said "Maro Sale Ko. Upon this instigation accused No. 2 K.P. Sinha, Anchal Adhikari of Udwantnagar caught hold of the complainant's shirt and gave him a fist blow. When Ram Pukar Singh and Shree Narayan Singh, witnesses to the incident, protested to the acts of the petitioner and the Anchal Adhikari, they were arrested by the Armed Force on their order and taken to Arrah even though bailors were offered to secure their release. The complaint was filed on 7.12.1976 in the Court of the Chief Judicial Magistrate, Arrah, who immediately examined the complainant on solemn affirmation. Thereafter, he transferred the case under Section 192(1) of the Code to Shri A.P. Sharma, Judicial Magistrate, Second Class for inquiry and disposal according to law. Shri Sharma, the transferee Judicial Magistrate, examined five witnesses in support of the complaint and being of the view that a prima facie case against the petitioner had been made out under Sections 504 and 323/109 of the Indian Penal Code directed issuance of processes against him. Shri Sharma, however did not issue processes for abetment of the offence of theft of the paddy crops, as no sanction to prosecute him had been obtained for that offence. The learned Chief Judicial Magistrate accepted the stand of the complainant opposite party that the acts of the petitioner could not be deemed to have been committed in his official capacity. The learned Magistrate, directed issuance of processes under Section 323 against the Anchal Adhikari and under Section 379 of the Indian Penal Code against accused Nos. 3 to 14, who are Dusadhs by caste. That is one side of the picture as presented by the complainant opposite party in regard to the incidents in village Udwantnagar on 5.12.1976.

(3.) The other side of the picture has been presented before this Court by the petitioner. That is contained in the petition and supplementary affidavits filed by him. The counter version is that there was an explosive situation in village Udwantnagar where the land in question was situate. The dispute between the complainant and the Dusadh accused in relation to the harvesting of paddy crops had generated such an amount of heat that the Anchal Adhikari with armed force had been deputed to keep the peace. The agricultural labourers of village Sarathua intended to harvest the crops from Kola land which Rampukar Singh, Shree Narayan Singh and the opposite party Dasan Singh etc. with their henchmen were not prepared to allow. On 25.11.1976 one Benarsi Devi Gupta, Organiser of Bihar Khetihar Gramin Mazdoor Congress (Arrah) filed an application before Collector, Arrah in which it was said that the Deputy Collector, Land Reforms had been directed on 18.11.1976 to get the paddy crops of Kola land harvested, but it had not been carried out till that day. It was also alleged that the Maliks of Sarathua village were telling the agricultural labourers to deposit the Kola crop in their Khalihan. When the labourers demanded their wages, they were met with the threat that they would not be allowed to harvest the crops if they did not agree to deposit the crops in the granary of Maliks. The representation of Benarsi Devi Gupta, therefore, called upon the Collector that the administration should assist the labourers in getting the crops grown by them harvested. If the administration did not come to their aid by 27.11.1976, she would lead the labourers to harvest the crops themselves. The Collector was, therefore, asked to take steps to maintain peace. A copy of this representation was sent to the petitioner also, who then happened to be the Sub-divisional Officer of Arrah. By letter dated 2.12.1976 (Annexure-6) the petitioner directed Circle Officer, Udwantnagar to camp at village Sarathua to see that agricultural labourers havested their Kola land crop peacefully. Copies of this letter were sent to District Magistrate and Superintendent of Police, Bhojpur at Arrah. On 5.12.1976 the petitioner was returning to Arrah from village Sonatola, Police station Sahar. While he was passing village Sarathua, the villagers stopped him and informed him that the Magistrate Incharge-cum-Anchal Adhikari, Shri K.P. Sinha had been surrounded by the landlords and their Lathials. The petitioner on going there saw K.P. Sinha surrounded. Finding no other way out for rescuing K.P. Sinha, Rampukar Singh and Shree Narayan Singh were arrested by the Armed Force. Thereafter, the unruly mob dispersed. The petitioner has averred in paragraph 7 of his supplementary affidavit that he thereafter returned to Arrah and after discussions with the Deputy Collector Land Reforms, Superintendent of Police and Deputy Superintendent of Police, again went to village Sarathua with other officers and managed to bring about amicable settlement between the parties. A joint report was submitted by the petitioner and the Deputy Superintendent of Police, Arrah on 7.12.1976. According to the petitioner, the allegations against the petitioner and others in the complaint filed by the opposite party are false and concocted and brought into being on 7.12.1976, two days after the institution of the police case as a counter-blast to the case instituted by the Anchal Adhikari Shri K.P. Sinha on 5.12.1976. The petitioner has claimed that he was acting in discharge of his duty of maintaining law and order and, therefore, no cognizance could have been taken of the offence alleged to have been committed by him without the sanction of the Union Government.