PRAKASH CHANDRA BAFNA Vs. OBA RAM

JUDGEMENT

(1.) BY way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioner Prakash Chandra Bafna has beseeched to set aside the order dated 29th May, 2003, whereby the learned Judicial Magistrate, Sheoganj took cognizance of the offences under Sections 166, 353 and 504 of IPC and proceeded against the petitioner and further the order dated 9th August, 2004, whereby the learned Judicial Magistrate dismissed the application filed under Section 197 of Cr.P.C.

(2.) HAVING heard learned counsel for the parties and carefully perused the relevant material on record, the only crucial question springing for consideration in the instant petition is that as to whether protection under Section 197 of Cr.P.C. is available to the petitioner or not in the fact and circumstances of the case?

(3.) NOW adverting to the sole crucial question emerging in the instant petition as to whether protection under Section 197 of Cr.P.C. is available to the petitioner or not? It is found that the petitioner used abusive and filthy language and abused the complainant Oba Ram- Pump Driver, when he came to join his duty. When the complainant Oba Ram asked that he was a poor man, then the petitioner is alleged to have suggested the complainant in the following words:- <IMG>JUDGEMENT_407_RAJLW1_2011Image1.jpg</IMG>