RAMESHWAR DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is aggrieved against the order of the Additional Munsif and Judicial Magistrate, Laxmangarh, by which the applications of the petitioner and of other co-accused persons to drop criminal proceedings against them for want of sanction under Section 197 Code of Criminal Procedure (for short 'the Code'), were rejected. After being unsuccessful in the revision in the Court of Additional Sessions Judge No. 1, Alwar, the present petition under Section 482 of the Code has been filed. In the normal course I would not have entertained this petition after the right of revision having been exercised by the petitioner, but the question involved in the matter, goes to the root of the case and is a jurisdictional one, I propose to decide the same.

(2.) TO appreciate the question of law which calls for consideration, it is necessary to narrate the facts in brief.

(3.) AS other co-accused were not served upon, the said application could not be heard and decided by the learned Magistrate. Ultimately the other accused persons also appeared sometime in the year 1987 and they also moved similar applications under Section 197 (3) of the Code with a prayer to drop the proceedings against them. The learned Magistrate heard arguments on these applications on July 19, 1988 and the same were rejected on the same day holding that the act of the accused persons giving beating to the complainant and his associates was not in the discharge of their official duty. The revision preferred against the said order was also dismissed by the Additional Sessions Judge No. 1, Alwar vide his judgment dated 20. 7. 90.