RAJ VANSHI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. Revision is directed against the order dated 30.9.2000 passed by Shri Santosh Kumar, Judicial Magistrate, 1st Class Giridih is T.R. No. 347 of 2004 arising out of complaint case No. 923/1993 whereby and whereunder the application filed by the petitioner Raj Vanshi Singh for his discharge under Section 245(1) of the Code of Criminal Procedure was rejected.

(2.) THE brief fact of the case was that the O.P. No. 2 complainant had filed a complaint Case No. 923 of 1993 on 2.12.1993 against the petitioner and others for the alleged offence under Sections 323/325/342/30 and 379, IPC. After enquiry under Section 202, Cr. P.C. learned C.J.M took the cognizance of the offence under Sections 323, 325, 342 and 379, IPC.,

(3.) IT would not be out of place to mention that against the cognizance order taken by the C.J.M. Giridih the petitioner had preferred a quashing petition under Section 482, Cr. P.C. in which, apart from other defence, the petitioner said that his criminal prosecution was not maintainable for want of sanction under Section 197, Cr. P.C. as he was a public servant who had taken action in discharge of his official duty. The then Ranchi Bench of Patna High Court by a well discussed order passed in Cr. Misc. No. 2557 of 1996 (R) on 31.7.1997 disposed of the petition under Section 482, Cr. P.C. with the observation, "I am not inclined to interfere with the cognizance as taken by the learned Court below. The matter of sanction under Section 197 of the Code would remain open for consideration by the learned Court below, the point of grievance, as raised by the petitioner, have got good nexus to discharge from the offence as alleged then he would very well within his jurisdiction to file a petition to that effect after appearance before the lower Court at appropriate stage which would definitely be considered by the Trial Magistrate. With this observation, this petition is disposed of."