KAMDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the entire criminal proceeding of P.C.R. Case No. 409 of 2001 including the order dated 30.8.2002 passed by the then Judicial Magistrate, 1st Class, Jamtara whereby and whereunder, cognizance of the offences punishable under Sections 342, 384 and 406 of Indian Penal Code has been taken against the petitioners.

(2.) BEFORE adverting to the submissions advanced on behalf of the parties, fact giving rise to filing of the complaint needs to be taken notice of. A complaint was filed by the complainant-opposite party no. 2 in the court of Chief Judicial Magistrate, Jamtara stating therein that he as well as his brother run a small fertilizer shop at Mihijam in a tenanted portion of building, belonging to Baidhnath Sarkar. One Tapan Mazumdar also runs a grocery shop in another shop situated in the same building.

(3.) ON such complaint, case was registered as P.C.R. Case No. 409 of 2001 under Sections 342, 384 and 406 of Indian Penal Code against the petitioners. After the complainant's statement was recorded on solemn affirmation, the matter was fixed for inquiry. After holding inquiry, cognizance of the offences punishable under Sections 342, 384 and 406 of Indian Penal Code has been taken against the petitioners vide its order dated 30.8.2002 which is under challenge. Mr. Ughal, learned counsel appearing for the petitioners, submits that under the direction of the Sub Divisional Officer, Jamtara the petitioners along with the Magistrate as well as the police party proceeded to lay a raid for stoppage of electricity theft. During that course, they did find that the opposite party no. 2 and other persons, whose electric connection had already been disconnected on account of non-deposit of bills, were consuming electric energy illegally and, therefore, illegal connection was disconnected. Under these circumstances, whatever was done by the petitioners, it can be said to have been done in discharge of his public duty and thereby the petitioners by virtue of the provision as enshrined under Section 197 Cr.P.C. are protected from being prosecuted in absence of any sanction by the Competent Authority but the court below without having any sanction for prosecution by the Competent Authority took cognizance of the offence as alleged and hence it is quite illegal.