AMARENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the point involved being a short one, only the relevant facts need to be stated.

(2.) The petitioner if a public servant and during the relevant period he was posted at Patna as Deputy Superintendent of Police (town). It appears that there was some controversy between opposite-party No. 2 and one Rameshwar Singh in respect of their claim of possession over a residential Flat bearing No. 191 M.I.G. in Hanuman Nagar Colony of Kankarbagh.

(3.) Two cases were instituted, one by opposite-party No. 2 against the petitioner and and other, by the said Rameshwar Singh against opposite-party No. 2 and others. The present controversy relates to the case instituted by opposite-party No. 2 against the petitioner and others alleging therein that they had committed offences under Sections 457, 448, 461 and 120B of the Indian Penal Code as detailed in the complaint petition The complaint was dismissed whereafter, opposite-parly No. 2 preferred a revision before this Court. Upon an order of further enquiry, the learned Magistrate took cognizance of the offence. Against that order, the petitioner moved this Court for quashing that order on the ground that he being a public servant and the offences complained of having been committed in discharge of his official duties, no prosecution can be made without obtaining sanction from the competent authority as provided under Section 197 of the Code of Criminal Procedure. Relying on a decision of the Supreme Court reported in A.I.R. 1979 S. C. 1841 equal to 1979 Cr. L.J. page 1267, this Court observed that the petitioner could raise this point at any stage and in that event the learned Magistrate should dispose of the objection in accordance with law. Thereafter, it appears that the petitioner appeared before the Magistrate and raised the issue which was rejected against which the present revision has been filed.