IMPORTANT POINT
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and frivolous prosecutions.

JUDGMENT :

SANDEEP KUMAR, J.

1. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

2. Cr. Misc. No. 32026 of 2023 has been filed by the petitioners challenging the order taking cognizance dated 07.01.2023 passed by the Additional Chief Judicial Magistrate, nd, Patna in connection with Complaint Case No. 855(C)/2021 for the offences punishable under Sections 352/365/368/346/354/354A/354B/& 120B of the Indian Penal Code whereby and whereunder Sections 323 and 504 of the Indian Penal Code against the petitioners and the petitioners have been summoned to face trial. The petitioners have challenged the entire proceeding arising out of Complaint Case No. 855 (C) of 2021 pending in the Court of Additional Chief Judicial Magistrate, 2nd Patna.

3. Cr. Misc. No. 14227 of 2023 has been filed by the Complainant in connection with Complaint Case No. 855 (C) of 2021 and her prayer is for quashing the part of the order dated 07.01.2023 passed by the Additional Chief Judicial Magistrate, Patna in Complaint Case No. 855 (C) of 2021 whereby and whereunder despite there being sufficient materials available against the Accused No. 1 i.e., Upendra Sharma, O.P. No. 2, cognizance has been taken only against accused Rama Shankar Singh, Rajeshwar Prasad and Arun Kumar Singh and no offence was made out against Upendra Sharma.

4. The first petition is by the petitioners against whom cognizance has been taken and the second petition is by the Complainant for taking cognizance against Upendra Sharma the then Senior Superintendent of Police, Patna

5. The history of the case in short is that the opposite party no. 2, namely, Sakshi Sinha, filed a complaint petition before the Chief Judicial Magistrate, Patna on 16.02.2021 against the following officials:-

(1) Senior Superintendent of Police, Patna namely Upendra Sharma

(2) S.H.O. cum Inspector, Shastri Nagar Police Station, Patna, namely, Ram Shankar Singh

(3) S.H.O. cum Inspector of Ram Krishna Nagar Police Station namely Rajeshwar Prasad

(4) S.H.O. cum Inspector of Hawai Adda Police Station namely Arun Kumar and others police personnel and also other police officials

6. Learned counsel appearing on behalf of the petitioners submits that the main motive behind filing of the aforementioned present complaint case by the complainant before the learned Chief Judicial Magistrate, Patna is just to pressurize the police personnel investigating Shastri Nagar P.S. Case No. 23 of 2021 dated 12.01.2021 under sections 302, 120B of the Indian Penal Code and Section 27 of Arms Act for murder case of one Rupesh Singh (Indigo Airlines Manager) because after 21 days of intensive investigation through electronic mode/technical research, the police collected conclusive evidence and found direct involvement of husband of the complainant in the murder after which the husband of the complainant was arrested on 02.02.2021. Therefore, the complainant after 13 days of arrest of her husband has filed the present false and concocted complaint case on 16.02.2021.

7. Learned counsel for the petitioners further submits that serious doubt is created on the story of the complainant because she has annexed a prescription of Patna Medical College and Hospital, Patna to show that she was beaten by the accused persons on 30.01.2021 but the said prescription is of 06.02.2021 i.e. after one week of alleged occurrence. Therefore, the complaint has been registered belatedly after passage of more than 15 days of the alleged occurrence on the basis of a belated medical prescription.

8. It is submitted that Rituraj (husband of O.P. No. 2) has been found involved in many cases which are as follows:

(a) Raxaul PS Case No. 88/2016 dated 12.05.2016 under section 147, 148, 149, 323, 324, 354, 363, 448, 307 of the IPC and 27 of Arms Act.

(b) Raxaul PS Case No. 89/2016 dated 12.05.2016 under section 25(1-b)a, 26, 27 & 35 of Arms Act.

(c) Ram Krishna Nagar PS Case No. 44 of 2021 dated 02.02.2021 under section 25(1-b)a/26 of Arm