Protection under Section 197 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.

JUDGMENT :

SUDESH BANSAL, J.

1. In the present petition filed under Section 482 Cr.PC, the issue falls for consideration is, as to whether the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against the petitioner, a public servant, posted as Station House Officer (SHO), Police Station Masooda, is sustainable in law, for want of prior sanction, which is a statutory requirement in view of Section 197 Cr.PC, for initiating criminal prosecution of a public servant?

2. Petitioner has prayed for following relief:-

“It is, therefore, humbly prayed that your lordships may very graciously be pleased to allow/accept this Misc. Petition and the order dated 31.05.2011 (Annexure-4) passed by learned Additional District and Sessions Judge Beawar, District Ajmer dismissing the revision No.24/2009 and the order dated 30/1/2009 (Annexure-3) passed by the learned Additional Civil Judge (Jr. Div.) and Judicial Magistrate First Class, No.2, Beawar, District Ajmer (Raj.) in complaint No.7/2009 taking cognizance Under Sections 323 and 504 I.P.C. against the petitioner may kindly be quashed and set aside and complaint (Annexure-1), filed by the complainant and all subsequent proceedings against the petitioner, may also kindly be quashed and set aside.”

3. The seminal facts of the case as culled out from the record, briefly stated, are that:-

3.1 During the posting of petitioner, as SHO, Police Station Masooda, District Ajmer, a criminal complaint was filed against him by respondent No.2-complainant on 27.05.2003, to criminally prosecute the petitioner for offences under Sections 323, 342, 365 and 504 IPC stating inter alia that three persons namely Anda (complainant-respondent No.2 herein), Mohan Singh and Narendra Singh, were arrested by the Police at about 8 PM on 22.05.2003 and were locked up in the Police Station Masooda. Thereafter, on the next day i.e. 23.05.2003, all three persons, including complainant-respondent No.2, were produced before the Court of Sub-Divisional Magistrate (SDM), and they were ordered to be released from the custody on furnishing bail bonds as directed by the SDM.

3.2 In the criminal complaint, allegations have been leveled against the petitioner that all three persons were illegally detained for one day in the Police Station, without any just reason and only in misuse of powers by the petitioner as much as in the night of 22.05.2003, the complainant-Anda and Mohan Singh were badly treated by the petitioner. Allegations have been leveled that both were abused, misbehaved and beaten up with a rubber belt by the petitioner, in utter misuse of his powers as SHO. It was alleged that complainant-Anda and Mohan Singh received multiple physical injuries on their body parts, however, without undertaking their medical check-up, they were produced next day on 23.05.2003 in the Court of SDM. It was further alleged that after their release from the custody, a written complaint was made on 24.05.2003 to the Assistant Superintendent of Police, Beawar, complaining about arbitrary and illegal acts of petitioner, done by him with complainant-Anda and Mohan Singh, however, no action was taken on this complaint.

3.3 It is further stated that on 24.05.2003, one application was filed before the SDM, praying for allowing medical check-up of complainant-Anda and Mohan Singh, whereupon, on their request, medical check-up was allowed to be done at Community Health Center, Masooda on 24.05.2003 at about 4 PM.

3.4 It is noteworthy that thereafter, respondent No.2-Anda, has filed the present criminal complaint against the petitioner on 27.05.2003 before the Court of Additional Judicial Magistrate No.2, Beawar, to prosecute the petitioner for alleged offences u/s. 323, 342, 365 and 504 IPC. It may be noted that another person Mohan Singh has not filed any complaint.

3.5 On receiving criminal complaint of respondent No.2-Anda, the Judicial Magistrate proceeded to record statements of complainant u/s. 200 Cr.PC and wit