RAEESUDDIN Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) Complainant-Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dtd. 21/4/2017 passed by Special Judge (NDPS Cases), Jhalawar, whereby Criminal Revision Petition filed by the accused-respondent was allowed and order dtd. 9/2/2015 passed by Chief Judicial Magistrate, Jhalawar taking cognizance against the accused-respondent, was set aside.

(2.) It is contended by counsel for the petitioner that complainant-petitioner that complainant, his wife and friend were illegally detained by the Police. They were all subjected to beating and an amount of Rs.1,00,000.00 (Rupees One Lac Only) was taken by Respondent No.2. Complaint was lodged which was referred to Police for investigation. Police after due investigation submitted negative final report and learned Chief Judicial Magistrate accepted negative final report. Revision Petition was preferred by the complainant and the matter was remanded to the Court to again decide the Petition. Thereafter, Protest Petition filed by the petitioner was accepted and cognizance was taken against the accused-petitioner. Accused-respondent preferred a Revision Petition which was allowed and FR was accepted. It is contended that while taking cognizance Court has in detail discussed the role of the respondent.

(3.) It is contended that the revisional Court also having the same view as having Trial Court but on the ground of sanction order not being produced by the State against the respondent, revisional Court accepted the final report. The limited question before this Court is whether the Police Officers who are respondents in this case are entitled to the protection under Sec. 197 Cr.P.C.