AMAR SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS criminal misc. petition has been filed under section 482 Cr.P.C. against the order dated 18.8.2006 passed by the Additional Sessions Judge, Dholpur rejecting the revision petition against the order of cognizance dated 16.1.2002 passed by Judicial Magistrate Dholpur in Criminal Case No. 228 of 2002 whereby cognizance has been taken against the accused petitioner for the offence under sections 323 and 341 IPC.

(2.) BRIEF facts giving rise to this criminal misc. petition are that the accused petitioner Amar Singh was posted as Reserve Sub Inspector at Reserve Police Line, Dholpur. On 15.4.21998 the Superintendent of Police, Dholpur issued an order No. 6030-31 by which the accused petitioner and four police constables from Police Line Dholpur were attached with the District Transport Officer, Dholpur from 15.4.1998 to 30.4.1998 for the purpose of checking and seizure of the vehicles illegally plying on road. In compliance of the said order, the accused petitioner along with other police constables proceeded for joint checking of the illegal vehicles. The accused petitioner and other constables posted for checking vehicles near RAC Polcie Lines. During checking operation at 11 a.m. on 19.4.1998 a Jeep No. MP 06 W 0209 came there which was stopped for purpose of checking. One Lajja Ram Dubey was sitting in the jeep along with the driver who came down from the jeep and indulged into quarrel with the policemen and as such slapped the constable Rajesh Kumar and also tried to snatch the rifle. For the said incident an FIR No. 114/1998 dated 19.4.1998 for offence under sections 332, 353, 379 and 511 IPC was lodged with the Police Station Nihal Ganj Dholpur against Lajja Ram Dubey by the accused petitioner. The police after completing the investigation filed charge dated 6.5.1998 in the court of the CJM Dholpur for offence under section 332, 353, 379 and 511 IPC against Lajja Ram Dubey. In order to counter blast and negate the effect of the FIR No. 114/ 1998 dated 19.4.1998 which was lodged against the non-petitioner Lajja Ram by the accused petitioner, Lajja Ram Dubey also filed a vexatious complaint in the Court of CJM Dholpur on 20.4.1998 alleging therein that Constable Rajesh Kumar stopped the jeep of Lajja Ram Dubey and thereafter the accused petitioenr and Rajesh Kumar constable demanded money from and gave beating and also snatched money amounting Rs. 280/- his wrist watch and gold chain from him. This complaint was sent by the CJM under section 156 (3) Cr.P.C. to the SHO Police Station Nihal Ganj, Dholpur. A first information report No. 118/1998 was registered with the Police Station, Nihal Ganj, Dholpur on 22.4.1998 against the accused petitioner and Rajesh Kumar for offence under sections 323, 341, 379 and 504 IPC. After completing investigation, the police found that the complaint filed by the non-petitioner was totally false and same was made by him out of malice and vengeance against accused pettioner Amar Singh and the police submitted FR 29/1998 dated 6.5.1998 in the matter. Thereafter the accused petitioner received a summon from the Court of Judicial Magistrate Dholpur dated 25.6.2003 in which he was ordered to appear before the court on 27.8.2003. He appeared before the court and came to know that cognizance for offence under sections 323 and 341 IPC was taken by the court on 16.1.2002 against him. Mr. Pradeep Chaudhary, learned counsel appearing for the petitioner submits that in absence of prior sanction for prosecution against a public servant under section 197 Cr.P.C. the trial could not have been proceeded with the trial. The petitioner thereafter filed revision petition before the Addl. Sessions Judge, Dholpur vide his order dated 18.8.2006 dismissed the revision petition. The order of the revisional court is liable to be set aside. In support of his contention the learned counsel for the petitioner placed reliance on Sankaraan Moitra vs. Sadhna Das and another (AIR 2006 SC 1599). The learned counsel has contended that the revisional court has not considered the judgment of the Apex Court while rejecting the revision petition.