IMPORTANT POINT
One of the factors to be considered in a case whether protection under section 197 of Criminal Procedure Code is available is to find out whether the act and the official duty are so interlinked that it would be difficult TV separate them.

JUDGMENT

A. Pasayat, J. - One of the sections of the Code of Criminal Procedure, be it of 1898 or 1973, the scope and ambit of which has repeatedly come for analysis before the Supreme Court and various High Courts is section 197. That is because the section is intended as a protection against malicious implication of public servants. Presently we are concerned with the case under the section 197 of the Code of Criminal Procedure, 1973 (here in after referred to as 'the Code'). This section is designed to facilitate an effective and unhampered performance by public servants of their official duty, by providing for scrutiny into the allegations against them by their superior authorities, and prior sanction for their prosecution is a condition precedent to the cognizance of cases against them by courts so that they may be protected from frivolous, vexatious or false prosecution for offence alleged to have been committed by them while acting or purporting to act in the discharge of their official duty. The section has to be construed neither too narrowly nor too deadly because in a strict sense the commission of an offence can never be a part of one's official duty.

2. Allegations here relate to an incident which purportedly took place on 13.3.1988. According to the petitioner, who was complainant in I.C.C. No. 14 of 1988 in the court of Sub-divisional Judicial Magistrate (hereinafter referred to as 'S.D.J.M.'), Champua, in village Jhumpura there is a bi-week1y market where the adivasi people of the area sell fuel wood and wooden planks. On the alleged date of occurrence, opposite party No.1 Niranjan Rout threatened some of those adivasi people to put them in the lock up for no ostensible reason. Out of fear, those adivasi left the market leaving behind the Wooden materials like fuel and wooden planks. Opposite party No.1, who is supposed to be a protector of life and property of the citizens, removed those wooden materials inside the compound wall of the Out Post where-he was stationed as Sub-Inspector of Police. Two labourers were engaged for removal of materials. After working for about five hours for removal of the materials, the labourers asked for their wages. Considering the amount paid at the rate of Rs.4/- each they demanded more. Instead of paying them the legitimate dues, opposite party No.2, then posted as Officer-in-charge, Champua Out Post, lost his temper and asked them to get out of the Out Post, and reported the incident to the local Sarpanch and the M.S.A. The said persons along with some prominent persons of the village went to the Out Post for redressing the grievances of those labourers: But Opposite party NO.1 got enraged on being questioned about his illegal acts, abused them and asked them to go out of the Out Post. He threatened to take them to custody if they did not get out. After having failed in their attempt to lodge complaint with the Collector due to his absence, the complainant-petitioner and some others went to the Police Out Post in the evening. By them Opp. Party No.2 and the Forest Ranger were already present in the Police Out Post. When the matter was being explained to them, opposite party No.2 got suddenly irritated, abused them all and asked them to leave the Police Out Post. During such exchange of words, Opp. Party No.2 assaulted the complainant-petitioner by the butt-end of a gun as a result of which he sustained bleeding injury on his face. Many others were also assaulted. The M.L.A. was also abused in filthy language. Some of the villagers were detained in the Police Out Post and were produced before the Magistrate on 14.3.1988. During the incident, while Opp. Party No.2 was acting in inhumanly manner, Kagalhari Dehury requested him not to do so. Opposite Party No.1 gave him a kick blow and made him sit by force. He was also abused in obscene language Opp. Party No. 2 arrested the petitioner and seven others and brought them to custody at Champua police station. The victim persons wer