KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have made challenge to the order dtd. 17/10/2014 passed by learned Magistrate whereby he took cognizance of offence under Ss. 504 and 427 of the IPC and process was issued against the petitioners.

(2.) Briefly stated facts of the case are that the petitioners are public servants and are working in the police department on the post of constable. They do not have any concern personally with the complainant or his property. On the day of incident they went on the spot on the directions of their officer and an entry to this effect is mentioned in the daily Rojnamcha diary. The superior officer directed them to reach on the spot to ensure maintenance of law and order. The allegations are that the petitioners along with some accused entered into a property in his possession and removed rubble stones from there and allegations of causing damage to a wall is also made. The matter was thoroughly investigated when the learned Magistrate sent it to Dy.S.P. under Sec. 202 of the Cr.P.C. The inquiry report reveals that there was a drive for removal of encroachments under the instructions of administrative officers, municipality, and the police party was there to assist them and to ensure law and order situation. As a matter of fact, on 23/2/2012, a team headed by Executive Officer Municipality and Sub Divisional Officer reached the spot under instructions to District Collector and they were given a task to remove encroachment from public place. Police party was also called there to avoid public disorder. A protest was made on behalf of complainant party and there persons. It was alleged that the complainant party formed an unlawful assembly and prevented the public servants from discharging their official duty and therefore a criminal case No. 103/2012 was lodged against the respondent No. 2 and some other persons. They were charge sheeted and vide judgment dtd. 11/12/2024 they were convicted from committing offence under Ss. 147 and 336 read with 149 of the IPC.

(3.) In view of the above, prima facie no case is made out against the petitioners to book them for criminal prosecution because they had no direct relation with the dispute of complainant, otherwise also a protection under Sec. 197 of the Cr.P.C. is also available to them since they were performing their official duty and the act alleged was caused during discharge of the duty. Learned Magistrate did not take note of the shield available to the petitioners. In view of the above, the order dtd. 17/10/2014 is bad in the eye of law and therefore, liable to be and is hereby quashed and set aside.