K S JAMWAL (LT COL ) Vs. RAJNI SEHGAL

JUDGEMENT

(1.) THIS is a petition under Section 561 -A Criminal Procedure Code filed by the petitioner for quashing the proceedings initiated by the respondent against him by means of complaint, Annexure D, pending in the court of Sub Judge, Judicial Magistrate First Class, Reasi, in case titled as Smt. Rajni Sehgal Vs. Lt. Col. K.S. Jamwal, under sections 294, 323, 332, 353, 344, 354,500 and 506 Ranbir Penal Code.

(2.) SOLE question urged by learned counsel for the petitioner before this court, in support of this petition, was that since the offences alleged against the petitioner, as per complaint, have been committed by him and are related in some manner with the discharge of his official duties and, therefore, unless sanction under Section 197 Criminal Procedure Code was there, the entertainment of complaint and subsequent proceedings thereon, including issuance of process against him, by the trial Magistrate was bad in law and thus the complaint was not at all maintainable.

(3.) BRIEF facts of this case, which emerge from the complaint Annexure D, are that the respondent was posted as Superintendent, Sub Jail, Reasi, and according to her Additional Director General Prisons and Fire Services, J&K, Srinagar, Sh. Veerana Avelli, was inimically disposed towards her, therefore, he ordered her suspension, which was questioned by the respondent and the matter is pending before this court. In those proceedings, interim order was initially granted and later on it was confirmed, whereby the respondent has been permitted to continue on duty. Further case of respondent is that she was on station permission with effect from 2.8.1997 to 4.8.1997, and the petitioner had granted her the same. Further case of respondent, as urged in the complaint, is that due to her ailment she could not resume her duty on 4.8.1997 and informed the higher authorities on telephone, when she was orally permitted to remain out of station. However, on 5.8.1997 she came to know that the petitioner has been asked to visit the jail at Reasi, by the above named Additional Director General Prisons & Fire Services, which the petitioner did visit, accompanied by another officer. On having come to know about the same, she also reached there at 3 P.M.