RAKESH MANDOLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed under Sec. 397/401 Cr.P.C. against the order dtd. 23/11/2016 passed by the learned Additional Sessions Judge No. 4, Jodhpur Metropolitan in Sessions Case No. 182/2012 whereby, the learned Judge ordered to frame charges against the petitioners for offences under Ss. 323, 325, 330, 331 IPC.

(2.) Brief facts of the case are that a written report was filed by the complainant Rameshwar Lal Soni stating therein that on 18/5/1988 when he was on leave, his residential house was raided by customs officers, however, they could not find any objectionable material. Thereafter, on 3/6/1988, he was apprehended by Inspector Dhakar and Mr. Mandola of Customs Department and taken to customs office where they inflicted injuries and threatened him.

(3.) On this report, the police registered a case and started investigation. After due investigation, the police filed negative Final report in the case. The complainant filed a protest petition in which the statement of complainant and witnesses were recorded under Ss. 200 and 202 Cr.P.C. and the Trial Court took cognizance against the accused petitioners. The petitioners filed an application under Sec. 197 Cr.P.C. stating therein that since the alleged offence has been committed by the petitioners who are public servants in discharge of his official duty, therefore, cognizance could not be taken against them unless a sanction has been accorded by the appropriate government. The said application came to be dismissed by the Trial Court vide order dtd. 9/11/1994.