SAGAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application u/sec. 482 Cr. P. C. for setting aside the order of the Sessions Judge, Merta dated 5. 2. 1981 confirming the order of the Munsif and Judicial Magistrate, Nawa dated 5. 12. 75 whereby the application filed u/sec. 197 Cr. P. C. was rejected. It may be stated here that against the order of the learned Magistrate a revision was earlier preferred before the Sessions Judge but the learned Sessions Judge rejected the revision petition on 27-2-1976 in limine holding that revision is not maintainable against the impugned interlocutory order.

(2.) THE facts of the case may briefly be stated. THE applicant Sagar Mal was an Executive Officer of Municipal Board, Nawa and according to him on 20th November, 1973 he was posted as Administrator of Municipal Board, Nawa. At the instance of the Hira Lal, Dharam Chand Malick Deputy Superintendent of Police, Anti Corruption made a trap on the application for having accepted illegal gratification. THE allegations against the applicant are that the applicant was standing in the Varrandah of the Municipal Board. THE Deputy Superintendent of Police asked him his name. He refused to disclose his name. On being asked that whether his name is Sagar Mal, he accepted that his name is Sagar Mal. It was found by the Deputy Superintendent of Police that Sagar Mal was having his both hands in the pockets of his trouser. He was prevented from going away by Ram Gopal L. C. Badharayan L. C. , and Shyam Sunder L. C. which he resisted. THEreafter he was asked by the Deputy Superintendent of Police to produce the bribe money which he had accepted from Hira Lal. He refused to have accepted any money When he was being taken to his residential apartment, it is alleged that the applicant kicked Ram Gopal and on being taken in his apartment, he again kicked Ram Gopal. As a result of kicks Ram Gopal sustained injuries on his leg. Badri Narayan, Shyam Sunder tried to intervene when he first kicked him. Shyam Sunder and Badri Narayan were also given slaps and fist blows. THE Deputy Superintendent of Police, Anti Corruption lodged a report at the Police Station, Nawa on which a case u/sec. 353 and 323 I. P. C. was registered. Ram Gopal was medically examined by Dr. Prabhu Singh Deora who found following two injuries on the person of Ram Gopal. 1. Abrasion :- 1/4" x 1/4" on the mid and front of Left Tibia bone, clotted blood present and it is tender. 2. Abrasion :- 1/2" x 1/4" on the lower and lateral side of left knee joint. It is oblique in direction and 1/2" from the patella when patella is fixed. It is associated with a swelling of 1/2" around it. Clotted blood deposited.

(3.) SOME more cases were cited by the learned counsel for the petitioner but I need not refer to them as the principles under-lying Sec. 197 are well settled. The only question is how those principles are made applicable to the facts of a given case. In the present case, in view of the allegations made by the Deputy Superintendent of Police Anti Corruption and the witnesses it does not appear that the accused was acting or purporting to act in the discharge of his official duty. However during the course of the trial, if the evidence, shows that there is a necessity for sanction, it would be open to the petitioner to move afresh in the light of the facts which may come on record. Whether sanction is necessary or not will have to depend from stage to stage as observed in Pukhraj's case (supra)-