HARIRAM Vs. B P SOOD

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Ganganagar and arises under the following circumstances :

(2.) THE case of the petitioner Hariram is that on the 24-7-1951 Shri B. P. Sood, who was Sub-divisional Magistrate, Raisinghnagar at the time, abused one ajitsingh during court hours. Ajitsingh lodged a report against Shri Sood at Police station, Raisinghnagar and cited the petitioner as a witness. Shri Sood was annoyed at this and it is said that consequently, he managed to have a proceeding under Section 107 of the Criminal P. C. instituted by the police in his court against the petitioner. Shri Sood issued a non-bailable warrant against the petitioner, as a result of which he way arrested and produced in his court on the 26-7-1954. The petitioner applied for bail, but Shri Sood, without deciding the application for bail, transferred the case to the court of the Extra First Class Magistrate, raisinghnagar, who eventually released the petitioner on bail. The petitioner's case further is that on the 1-8 -. 1954, the Commissioner Bikaner Division and the collector Ganganagar happened to visit Raisinghnagar and were staying at the rest House. The petitioner, with the help of certain respectable citizens, took a deputation to the Commissioner and was reporting his chapter of grievances against Shri Sood. While this was being done, it is alleged that Shri Sood angrily said that the petitioner was a 'goonda' and that he would set him right. The matter did not proceed further as the Commissioner intervened and asked Shri Sood to be quiet. On these allegations the petitioner eventually filed a complaint under Section 504 of the I. P. C. against Shri Sood in the court of the Additional District Magistrate, ganganagar on the 11-8-1954. The said Magistrate examined the petitioner and thereafter dismissed the complaint on the ground that the alleged objectionable words were spoken by Shri sood to the Commissioner while he was acting or purporting to act in the discharge of his official duties and, therefore, under Section 197 of the Criminal P. C. , the Magistrate was barred from taking cognizance of the complaint as no previous sanction of the Government had been obtained in the matter.

(3.) THE petitioner then went in revision to the learned Sessions Judge, Ganganagar. The learned Sessions Judge, disagreeing with the opinion of the court below, came to the conclusion that it was no part of the official duties of Shri Sood to have used abusive words with respect to the petitioner which he did. Consequently, the learned Sessions Judge has made this reference.