ANIL KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the petitioner prays for quashing the order dated 19.1.98 passed by 3rd Addl. Sessions Judge, Jamshedpur in Criminal Revision No. 78/94 whereby the learned Additional Sessions Judge has held that no sanction was at all necessary from the State Government to prosecute the petitioner or to institute a criminal proceeding against him and, accordingly, the order dated 6.9.94 passed by the Chief Judicial Magistrate has - been quashed.

(2.) FROM perusal of the complaint petition (annexure 1) it transpires that the complainant -opposite party no. 2 lodged a complaint before the Chief Judicial Magistrate, Jamshedpur against five accused persons including the petitioner who was the officer incharge of Bistupur police station, Jamshedpur for an offence under sections 448, 342, 323 and 395 of the Indian Penal Code alleging, inter alia, that on 20.9.93 at about 2.30 P.M. all the accused persons accompanied by a large number of persons forming unlawful assembly trespassed into the Cafeteria, threw away the articles, wrongly confined the members and the staff who protested the highhandedness, looted away the articles and finally took forcible possession of the said Cafeteria without any authority of law.

(3.) AGGRIEVED by the said order the complainant filed criminal revision being Cr. Rev. No. 78/94 which was eventually heard and decided by the impugned order passed by the 3rd Addl. Sessions Judge, Jamshedpur. The learned Addl. Sessions Judge, after taking into consideration the decision of the Supreme Court and this court, came to the conclusion that since the petitioner was officer incharge of Bistupur police station and was below the rank of Assistant Superintendent of Police who is removable by Inspector General of Police and not by the State Government, no sanction was at all necessary from the State Government to prosecute him or to initiate a criminal proceeding against him. Accordingly, the learned Judge allowed the said revision and hence this application challenging the said order passed in revision.