SAGAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application u/sec. 482 Cr. P.C for setting aside the order of the Sessions Judge, Merta dated 5-2-1981 confirming the order of the Munsif and Judicial Magistrate, Nawa dated 5-12-75 whereby the application filed u/sec. 197 Cr.P.C. was rejected. It may be stated here that against the order of the learned Magistrate a revision was earlier preferred before the Sessions Judge but the learned Sessions Judge rejected the revision petition on 21-2-1976 in limine holding that revision is not maintainable against the impugned interlocutory order. The facts of the case may briefly be stated -The applicant Sagar Mal was an Executive Officer of Municipal Board, Nawa and according to him on 20th November, 1973 he was posted as Administrator of, Municipal Board, Nawa. At the instance of one Hira Lal, Dharam Chand Malick, Deputy Superintendent of Police, Anti Corruption made a trap on the application for having accepted illegal gratification. The allegations against the applicant are that the applicant was standing in the Verandah of the Municipal Board. The Deputy Superintendent of police asked him his name. He refused to disclose his name. On being asked that whether his name is Sagar Maj. he accepted that his name is Sagar. Mal. It was found by the Deputy Superintendent of Police that Sagar Mal was having his both hands in the pockets of his trouser. He was prevented from going 1 away by Ram Gopal L.C., Badharayan L.C. and Shyam Sunder L.C., which he resisted. Thereafter he was asked by the Deputy Superintendent of Police to produce the bribe money, which he had accepted from Hira Lal. He refused to have accepted any money. When he was being taken to his residential apartment, it is alleged that the applicant, kicked Ram Gopal and on being taken in his apartment, he again kicked Ram Gopal. As a result of kicks Ram Gopal sustained injuries on his leg- Badri Narayan, Shyam Sunder tried to intervene when he first kicked him Shyam Sunder and Badri Narayan were also given slaps and fist blows. The Deputy Superintendent of Police, Anti- Corruption lodged a report at the Police Station, Nawa on which a case u/secs. 353 and 323 I.P.C. was registered. Ram Gopal was medically examined by Dr. Prabhu Singh Deora who found following two injuries on the person of Ram Gopal. 1. Abrasion:- 1/4X 1/4 on the mid and front of Left Tibia bone, clotted blood present and it is tender.

(2.) Abrasion:- 1/2X-1/4T on the lower and lateral side of left knee joint. It is oblique in direction and 1/4 from the patella when patella is fixed. It is associated with a swelling of 1/2 around it. Clotted blood deposited.

(3.) During the pendency of the case u/secs. 332, 353 and 323 I.P.C. the accused petitioner, filed an pplication u/sec; 197 Cr. P.C. and it was contended by him that at the time when the offence has been alleged to have committed he was acting or purporting to act in discharge of his official duty and, therefore, he cannot be prosecuted without sanction of the State Government. Both the Courts below did not find that sanction is necessary and it was observed that the accused petitioner was not acting or purporting to act in discharge of any official duty.