BRIGADIER HARISH CHANDER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application was heard for final disposal at the admission stage with the consent of the parties. The petitioners have filed the instant revision application for quashing the order dated 17.12.2008 passed in Complaint Case No. C-599 of 2000 by Shri Prabhakar Singh Judicial Magistrate, Ranchi whereby he has disallowed the petition filed on behalf of the petitioners for discharging them and dropping the proceeding pending against them.

(2.) The fact of the case, in brief, is that the opposite party No. 2 who is the wife of Major Anant Kumar, had filed a complaint petition (complaint Petition No. C-599 of 2000) before the Chief Judicial Magistrate at Ranchi for the alleged offence under Sections 323, 324, 325, 326, 342, 352, 504, 506 read with Section 120B of the Indian Penal Code. Thereafter, the Judicial Magistrate took cognizance against the petitioners vide order dated 9.10.2002 and also issued bailable warrant of arrest by his order dated 27.2.2003 and against the said orders the petitioners filed a quashing application for quashing the order taking cognizance dated 9.10.2002 and also for quashing the entire proceeding of the criminal complaint pending before the Judicial Magistrate, Ranchi. The said quashing application was registered as Criminal Miscellaneous Petition (Cr.M.P. 578 of 2003) before this Court. But ultimately the said quashing application was withdrawn vide order dated 10.7.2003 with a liberty to the petitioners to raise all the points in the court below at the time of framing of charge or during the course of trial. Thereafter, the petitioners had filed a petition dated 26.7.2008 before the learned Magistrate for dropping the proceeding and discharging them. In the said petition it was categorically stated that since all the accused persons are employees of the Central Government in connection with the affairs of the Union of India in Army, sanction is required in this case for their prosecution as stated in Section 197(2) of Cr.P.C. which provides that:

(3.) It is further submitted that cognizance has been taken by the court without taking sanction from the Central Govt. Accused persons being senior officers of Army were acting in the discharge of their official duty and they had not done anything beyond their jurisdiction. The sanction has not been obtained in this case hence, the case should be dismissed. It is also stated that the husband of the complainant was an officer in Army and during the court martial he was found guilty for that reason the complainant has filed this fabricated and concocted complaint petition only to harass, the senior officers.