The judgment establishes the requirement of prosecution sanction and the protection under section 197 of Cr.P.C. for public servants discharging official duty.

JUDGMENT :

Heard Mr. K.N. Choudhury, learned Senior Counsel, being assisted by Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State/respondent No.1 and Mr. J.I. Borbhuiya, learned counsel for the respondent No.2.

2. In this petition, under Section 482 of the Cr.P.C., petitioner Sri Diganta Barah has put to challenge the correctness or otherwise of the order, dated 28.04.2016, passed by the learned Chief Judicial Magistrate, Dhubri in C.R. Case No.263/2016. It is to be noted here that vide impugned order dated 28.04.2016, the learned Chief Judicial Magistrate, Dhubri took cognizance of the offences under sections 120(B)/166/294/352/354/357/509/34 of the IPC, against the present petitioner along with three other accused persons and issued process to him to appear before the Court and to stand trial.

3. The background facts, leading to filing of the present petition, are adumbrated as under:-

“Smti Barasha Borah Bordoloi, the respondent No.2 here-in, filed a Complaint Case against the present petitioners, namely, Smti. Minu Roy and Smti. Halima Khatun, along with three others alleging inter-alia amongst others that, on 19.12.2015, she along with her driver and Advocate came to Dhubri to cause personal service of summons upon Shri Diganta Barah, the then Superintendent of Police, Dhubri, in connection with a Title Suit No.70/2015, pending in the Court of Civil Judge, Dibrugarh. Then her Advocate met Mr. Borah in his office chamber to deliver the summons and documents. But, Shri Borah refused to accept the same. Upon being informed about such refusal by her Advocate, she decided to have direct talk with Mr. Barah and she went to the office of Mr. Barah with her driver and on her reaching there one lady constable, namely, Halima Khatun guided her respectfully to the office chamber of Mr. Barah to deliver the same. Then Mr. Barah asked the respondent No.2 to come to his residence in the evening, where he will receive the summons and documents in presence of his Advocate. Accordingly, in the evening, the respondent No.2, along with her driver arrived at the residence of Mr. Barah and informed her arrival to the gate keeper as well as to Mr. Barah through his mobile. But, there was no response from the side of Mr. Barah. While she was waiting in front of his gate, at about 10 P.M., Mr. Barah along with his wife and Addl. Superintendent of Police, Sri Indranil Baruah and some other people including Constable Minu Roy, came out of his residence. And Mr. Barah had shouted upon her like a mad person and pointing their service weapon, Mr. Barah and the Addl. S.P. Shri Indranil Baruah had threatened to kill her if she does not leave that place. The respondent No.2 also alleged that thereafter, Mr. Barah had instructed some persons over telephone to register a false case against the respondent No.2 and after a few minutes, the respondent No.2 was assaulted and pushed forcefully into a police vehicle, wherein the Addl. S.P. had abused her physically. Further, it is alleged in the complaint that Mr. Barah had ordered his subordinates to detain the respondent No.2 inside the male lock up of Dhubri Police Station, and accordingly, she was detained there for upto 4:00 P.M. of next day, without food and water and she was also not allowed to communicate with family members by using mobile phone.

Upon the said complaint, the learned Chief Judicial Magistrate Dhubri registered CR Case No.263/2016, and made over the same to the learned Addl. Chief Judicial Magistrate, Dhubri, vide order dated 20.01.2016, and the learned Court below, on the basis of the statement of the complainant and another witness, recorded under Section 200 Cr.P.C. took the cognizance of the offences against the accused named in the complaint along with present petitioner, under Sections 120(B)/166/294/352 /354/357/ 509/34 of the IPC, and issued summons to him, vide order dated 28.04.2016, and directed him to