KARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated May 17,1980, passed by the Additional Sessions Judge, Nohar, by which the learned Additional Sessions Judge dismissed the revision petition filed by the petitioner.

(2.) SUGAN Ram filed a complaint against the petitioner, Laxmi Narain and four more Constables in the Court of the Additional Chief Judicial Magistrate. It was alleged in the complaint that on July 4, 1975, when the complainant, his brother Baga Ram, Sheokaran, Dhura, Mani Ram, Mohini and Kesar were sitting in his house, at that time all the six accused persons came in a jeep. They were armed with Lathis, Danda & gun and all these accused persons entered in the house and gave beatings to the complainant and all the other persons who were sitting alongwith him. The learned Magistrate, after the presentation of this complaint, recorded the statement of the complainant under sec. 200 Cr. P. C. and those of Kesar. Bhura, Sheokaran, Jodha, Maniram, Monini and Kaniram under Section 202 Cr. P. C. The learned Magistrate thereafter came to the conclusion that accused No. 1 Karan Singh was the Station House Officer at the relevant time and accused No. 2 Laxmi Narain was the Deputy Superintendent of Police and the remaining accused were the Police Constables and they entered in his house in the capacity of their being the public servant and to arrest the accused and to produce him before the learned Munsif and Judicial Magistrate, Bhadra and to take the remand. He, therefore, came to the conclusion that so far as accused No. 1,2 and 6 are concerned, as no previous sanction as, required under the law, is there, therefore, no process can be issued against them. He, however, took cognizance against accused No. 3 and 5 for the offences under Sections 452 and 323 I. P. C. and issued process and summoned them by bailable warrants in the amount of Rs. 5000/ -. Dissatisfied with this order dated September 17, 1977, not taking cognizance against the petitioner, Laxmi Narain and the accused No. 6, the complainant filed a revision petition before the learned Additional Sessions Judge, Nohar, who, by his order dated May 17, 1980, maintained the order passed by the learned Additional Chief Judicial Magistrate, Nohar, so far as not taking cognizance against accused Laxmi Narain is concerned, as according to him, the protection under Sec. 197 Cr. P. C. was available to accused Laxmi Narain only. But he was of the opinion that the protection of Section 197 Cr. PC. was not available to the petitioner and the non-petitioner No. 6. He, therefore, set-aside the order passed by the learned Additional Chief Judicial Magistrate so far as the petitioner is concerned. It is against this order that the present petition under Section 482 Cr. P. C. has been filed.