A public servant, while discharging official duties, cannot be prosecuted without prior sanction; allegations lacking credible evidence, particularly injury, support quashing criminal proceedings.

JUDGMENT :

SOURENDRA PANDEY, J.

1. Heard Mr. Mriganka Datta, learned Senior counsel assisted by Mr. Tuhin Shankar, Mr. A.K. Thakur and Mr. Goyal Kumar, learned counsels for the petitioner; Mr. Choubey Jawahar, the learned APP for the State and Mr. Akhileshwar Kumar Shrivastava and Mr. Amrit Kiriti, learned counsel for the opposite party no.2.

2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 13.08.2024 passed by the learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 2260(C) of 2008 by which cognizance for the offence under Section 295 -A, 298, 323, 342, 427, 500 and 504 of the INDIAN PENAL CODE has been taken against the petitioner.

3. The present application arises on account of a complaint case being Complaint Case No. 2260(C) of 2008 which was filed by the opposite party No. 2, namely, Brajraj Srivastava, alleging offence under Sections 295 -A, 298, 323, 342, 427, 500 and 504 of the INDIAN PENAL CODE . The complainant has stated that he is a member of ‘Adhivakta Manch’ Bihar and is an ex-propagator of Rashtriya Swayamsevak Sangh (RSS) and is presently pursuing advocacy at Bettiah Civil Court. The complainant has alleged that he was called upon by the Block Development Officer to attend the Peace Committee Meeting at 11:00 AM on 12.08.2008 in the office of the Collector, which he attended along with his friend Vijay Prasad @ Vijay Kashyap. The complainant further alleges that at the end of the meeting, when he raised a question that a person, who was involved in tearing of the Mahivir Flag and had destroyed the idol of Lord Mahavir should be taken to task, upon which, the District Magistrate (petitioner) asked the complainant to sit aside and after the meeting was over, the petitioner along with some youth in plain clothes came to him and started abusing him alleging him to be the killer of Gandhi and communal. It is alleged that when the complainant objected to such abuse, the petitioner caught the opposite party no. 2 by his collar and pulled him raising his hand causing injury on his neck and the collar of the shirt also tore. It is further alleged that on instructions of the petitioner some unknown young men pulled and assaulted the opposite party no.2 with fist.

4. The complainant has further alleged that he along with his friend were taken to the town police station and were kept in the lockup, where, at around 09:30 PM the petitioner again came to the police station along with police force and on his instruction the complainant was brought out of the lockup. Petitioner then abused the complainant and even hurt the religious sentiment of the complainant, thereafter on his instructions the Police Officers hit the complainant with the butt of the rifle causing severe injury and hurt and further directed the police officials to send the complainant and his accomplice to jail after procurring the order of remand.

5. Lastly, the complainant has alleged that the jail Doctor had provided medication to the complainant, who was suffering from fever and sustained serious injury and he kept mum towards the violence and aggressive action and obscene language used by the petitioner, fearing his life. The complainant also alleged that the Doctor refused to issue any injury report under the pressure and fear of the petitioner.

6. Learned Senior counsel for the petitioner submits that the factual m