PUKH RAJ Vs. DALJINDER SINGH

JUDGEMENT

(1.) This appeal has been filed by the complainant under Section 378(4), Cr. P.C. against the judgment and order of acquittal dated 24-1-78 passed by the learned Sessions Judge, Jodhpur in Cr. Appeal No. 35/77 vide which the learned Sessions Judge accepted appeal of the accused-respondent against his conviction under Section 323, I.P.C. and order of sentence passed thereunder by the Judicial Magistrate No. 4, Jodhpur.

(2.) Briefly stated, the prosecution story giving rise to the prosecution of the accused-respondent culminating into the present appeal is that the appellant was an employee of the Posts and Telegraphs Department (for short the PandT Department) of the Government of India. Besides, he was also Divisional Co-ordinating General Secretary of the National Union of Postal Employees. He was earlier posted as Sub-Post Master, Railway Sub-Post Office, Jodhpur. The respondent (accused) was Post Master General, PandT Department, Rajasthan, Jaipur. It was alleged that the complainant-appellant made certain complaints against the then Superintendent of PandT Department, Jodhpur Mr. H.W. Bhag and, consequently, he was transferred from his post. Mr. Bhag was a favourite of the accusedrespondent

(3.) The learned trial Magistrate, after completion of proceeding under Sections 200 and 202, Cr. P.C. took cognizance of commission of offences under Sections 323 and 504, I.P.C. and summoned the accused to face trial. The accused appeared to face the trial and, at the first instance, moved an application under Section 197, Cr. P.C. challenging the order of taking cognizance and further proceedings against him claiming that whatever acts were alleged to have been committed by him, the same were committed during the course of discharging of his legal duties and, therefore, a previous sanction, as envisaged by Section 197, Cr. P.C., was a condition precedent for his trial. This objection was overruled by the trial Magistrate but, however, the same was upheld by the High Court. The accused went in appeal to the Hon'ble Supreme Court and the Apex Court was pleased to have set aside the revisional order of the High Court thereby restoring the order of the trial Magistrate. Accordingly, the trial proceeded further.