ORDER :

The question involved is with respect to the application of Section 197 Cr.P.C in initiating proceedings against a Sub Inspector of Police on the allegation of offences punishable under Sections 341, 323, 294(b) and 500 IPC in a private complaint and the validity of the cognizance taken under Section 202 Cr.P.C. without considering the application of Section 197 Cr.P.C. The accused was a serving Sub Inspector of Police at the time when the alleged offence was committed. The question whether it was done while acting or purporting to act in discharge of his official duty was not taken up or considered properly at the time when cognizance was taken under Section 202 Cr.P.C. and no opportunity was also afforded to the accused.

2. The legal position was very much settled that the Code does not permit an accused person to intervene in the course of enquiry by the Magistrate under Section 202 Cr.P.C. (Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel (2012) 10 SCC 517 : 2012 (16) JT 61, 2012 (9) SCALE 617:2012 (7) SLT 455) Further it is not necessary to issue notice to the accused at the pre-cognizance stage of the proceedings. The accused has no role to play at the pre-cognizance s