SUGANCHAND Vs. NARENDRA SINGH

JUDGEMENT

(1.) A reference has been made by a learned Single Judge in this case, and the two questions, which have been put to this Bench for reply are these - (1) Whether in deciding the question of sanction to prosecute a public servant is necessary or not, attention is to be confined to the offence or offences under which the complainant specifically files his complaint or the complaint should also be considered in relation to any other offence which clearly appears on the complaint and in respect which sanction to prosecute is necessary ? (2) Where a prosecution against a public servant covers some offences in respect of which no sanction to prosecute is necessary and certain other offences in respect of which such sanction is necessary then, whether a trial as to the former offences can be allowed leaving aside the other offences in relation to which sanction is necessary on the ground that the complainant does not wish to press his complainant as regards such other offences?

(2.) THE facts of the case may be briefly narrated to understand the two questions put to us for reply. Suganchand was a complainant in a case filed by him against the Assistant Postmaster at Sardarshahar. THE story, which he gave in the complaint, was that the went to the post-office on the 11th April, 1950, in order to deposit the renewal fee for his radio license. THE accused Narendra Singh, Assistant Postmaster demanded a sum of Rs. 10/- from him as bribe. Suganchand refused to give any bribe. THEreupon, Narendra Singh accused abused Suganchand in foul language. Narendrasingh also wanted to take away the receipt which Suganchand held for the previous year. Suganchand refused to hand over that receipt, and thereupon Narendra Singh snatched the receipt from Suganchand and tore it into pieces. On this Sugan Chand warned Narendrasingh that he would report the matter to the higher authorities. This angered Narendrasingh still further, and he got the doors of the Post office closed and illegally detained Suganchand. Narendra Singh then sent for the police, presumably to make some false charge against Suganchand. When however the police arrived on the scene, the true facts are said to have come out, and no action was taken by the Police. It was thereafter that Narendrasingh requested Suganchand not to take any legal steps against him. Suganchand promised not to do so. We are told that Narendrasingh filed some kind of complaint against Suganchand, and it was then that Suganchand filed the present complaint on the 2nd May, 1950, against Narendrasingh under sec. 342, 477 and 504 of the Indian Penal Code This Complaint has been dismissed on the ground that sanction, as required by sec. !97. Code of Criminal Procedure, had not been obtained.