A public servant is protected from prosecution for any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and sanction under Section 197 of the CrPC is required before taking cognizance against such public servant.

P.K. Sarin, J.

This criminal revision application is directed against the order dated 29.3.88 passed by Judicial Magistrate, 1st Class, Jhanjharpur at Madhubani, in T.R. No. 902/88, G.R. No. 95/87 whereby the learned Magistrate has taken cognizance of the offences under Sections 323, 342 and 379 I.P.C. against the petitioners and two others and has ordered for issuance of process against the petitioner and other co-accused.

2. It appears that a complaint (a copy of which is at Annexure-5) was filed by O.P. No. 2 against the petitioner and two other persons before the learned Magistrate alleging that his village was badly affected by the floods and the flood relief was to be distributed and, accordingly, a list was prepared which was duly signed by the petitioner and other co-accused Mahabir Mandal, Panchayat Sevak and members of the committee of the villagers. It was alleged that subsequently the petitioner and Mahabir Mandal arbitrarily reduced the units against which the Sarpanch of the village Atiqur Rahman gave a petition on 9.10.87 for amending the units after local enquiry. It was alleged that the petitioner and other co-accused had come on 9.10.87 at about 12.30 P.M. to hold the enquiry in this regard and made enquiries. It was alleged that the petitioner was adamant that the units which had been reduced would not be changed and when the complainant O.P. No. 2 insisted that he would take the relief grains, according to the units to which he was entitled to, the petitioner abused him and took him into custody. It was further alleged that when the villagers asked the petitioner to release the complainant in order to enable him to offer Friday Namaj, the petitioner refused to do so and abused him and also ordered to apprehend whereupon the constables and the accused persons chased him and entered in the mosque and did not permit the complainant to offer Friday Namaj. It was further alleged that the petitioner dragged the complainant by his neck with a Gamcha but the complainant was rescued by the villagers. It was alleged that on the order of the petitioner, the co-accused Mahabir Mandal after taking stick from the constable, assaulted the complainant on his hand and the other co-accused assaulted the complainant by lathi on his leg. It was also alleged that the petitioner and other co-accused were taking the complainant to Police Station along with a cycle but in the way they released the complainant. The complaint was filed on 12.10.87 (a copy of which is at Annexure-5).

3. Four witnesses were examined on behalf of the complainant in the enquiry under Section 202, Cr. P.C. The learned Magistrate felt satisfied that there was a prima facie case for trial against the accused persons including the petitioner and accordingly ordered for issuance of summons against them by the impugned order. Feeling aggrieved, the petitioner has filed this criminal revision application.

4. It has been contended on behalf of the petitioner that the petitioner is a Circle Officer (Anchal Adhikari) and is a Government servant and the act complained of is alleged to have been done while the petitioner was discharging his official duty. As such, sanction under Section 197 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) was necessary before the cognizance was taken against him. It has been contended that the petitioner had gone on that day along with Panchayat Sevak for distribution of grains by way of flood relief and in that course the Sarpanch and other villagers abused and assaulted the petitioner asking as to why units have been reduced and on the order given by Sarpanch, coaccused Mahabir Mandal was abducted and an attempt was made on the life of the informant as well for which First Information Report was lodged and Mahabir Mandal was rescued by the police party. Copies of F.I.R., Sanha report etc. have been filed in the present criminal revision application.

5. As regards the materials relating to the F.I.R