SONU CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Misc. Petition has been instituted with the prayer to quash the order dtd. 30/5/2018 passed in Cr. Revision No. 28 of 2017 whereby the learned Court of Sessions Judge, Dumka had dismissed the revision and upheld the order dtd. 19/1/2016 passed by S.D.J.M., Dumka in P.C.R. Case No. 314 of 2015, corresponding to T.R. Case No. 2410 of 2015 whereby and whereunder the learned S.D.J.M., Dumka has issued the summons against the petitioner for the offence under Ss. 279, 337 and 323 of I.P.C. and further the prayer is sought to quash the entire criminal proceeding of P.C.R. Case No. 314 of 2015.

(2.) The learned Counsel for the petitioner has submitted that the complaint which was filed against the petitioner is nothing but counterblast of F.I.R. Case No. 97 of 2015 dtd. 26/7/2015 which the petitioner has lodged against the husband of complainant under Ss. 341/323/386/504/353/279 of I.P.C.

(3.) Per contra the learned A.P.P. and the learned Counsel for private respondent No.2 vehemently opposed the contentions made by learned Counsel for the petitioner and contended that the petitioner was the Police personnel and for him the requisite sanction under Sec. 197 of Cr.P.C. was not required because he does not come within the periphery of public servant and the allegations made in the complaint are thoroughly corroborated with the statement of complainant and enquiry witnesses as well. The learned trial court has issued the summon against the petitioner after being satisfied that there was sufficient ground to proceed against the petitioner for the alleged offence. As such the impugned order passed by the learned trial court and the revisional court and the entire proceeding of the criminal case against the petitioner cannot be quashed.