Important Point—Obtaining of previous sanction is sine qua non to take cognizance of offence against public servant.

1. This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. assailing the order dated 17.1.2013 in Crl. M.P. No. 2715 of 2011 rejecting the prayer of the petitioner to discharge him for the offence under Section 326 IPC in C.C. No. 865 of 2010 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada, Krishna District.

2. The facts leading to filing of the criminal revision case are succinctly as follows: The first respondent filed complaint under Section 200 Cr.P.C., on the file of the Court of Chief Metropolitan Magistrate, Vijayawada against the petitioner for the offence punishable under Section 326 IPC. On behalf of the complainant, P.Ws.1 to 7 were examined and Exs.P1 to P8 were marked. Basing on the oral and documentary evidence available on record, the trial Court arrived at a conclusion that the material placed before it is prima facie sufficient to proceed against the petitioner and had taken cognizance of offence under Section 326 IPC and numbered the complaint as C.C. No. 865 of 2010. The petitioner filed petition under Section 245 Cr.P.C., for discharge and the same was dismissed. Hence, the criminal revision case.

3. Sri Challa Ajay Kumar, learned counsel for the petitioner has made the following contentions: (1) the act alleged to have been committed by the petitioner falls within the purview of discharge of his official duty, which fact was not considered by the trial court in proper perspective; (2) the trial court committed grave error by taking cognizance of offence under Section 326 IPC without prior sanction for prosecuting the petitioner and (3) the trial court ought to have discharged the petitioner on the ground of abnormal delay in lodging the complaint; therefore, the impugned order is not sustainable either on facts or in law. Per contra, Sri Pappu Nageswara Rao, learned counsel representing Smt. T. Lakshmi Padmaja, learned counsel for the first respondent has made the following submissions: (1) the observation made by the trial Court that the act committed by the petitioner falls outside the purview of discharge of his official duty is sustainable on facts; (2) the sanction can be obtained at any stage of the trial and (3) mere delay in filing the complaint by itself is not a valid ground to discharge the petitioner.

4. The crucial question that falls for consideration is whether the alleged act committed by the petitioner falls outside the purview of discharge of his official duty or not. On the night of 21.5.1991, Sri Rajiv Gandhi, former Prime Minister of India was assassinated during the election campaign in the State of Tamil Nadu. The said news spread like a whirlwind all over the country. Taking it as an advantage, miscreants, anti-social elements and perpetrators of crimes came into the streets destroyed the public properties and looted the private properties. In order to bring back normalcy in and around Vijayawada, curfew was declared by the Authorities. Despite imposition of curfew, the Police personnel have made every attempt, for a few days round the clock, to restore peace and normality in the public life.

5. It is the case of the first respondent that on the night of 21.5.1991 i.e., after 1.30 A.M., on 22.5.1991, when he was returning from his nephew’s house, the petitioner, the then Sub-Inspector of Police, Krishnalanka Police Station, fired on him, without giving any caution, which resulted in a grievous bullet injury on his back. The act committed by the petitioner falls within the ambit of Section 326 IPC. The first respondent filed counter in Crl. M.P. No. 2715 of 2011 wherein he categorically admitted that curfew was in force at the time of the alleged incident.

6. The incident said to have taken place at Krishnalinka area of Vijayawada town. Even as per the averments made in the complaint filed by the first respondent, prior to the alleged incident miscreants caused damage to one RTC bus and other public properties in Krishnalanka area where the