Protection under Section 197 of Cr.P.C. does not extend to public servant's acts not reasonably connected with official duties; therefore, such conduct may warrant prosecution.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to set aside the order dated 09.05.2024 passed in Criminal Revision No. 140 of 2023 by the learned Sessions Judge, Giridih.

3. The brief fact of the case is that the petitioner is an accused of Birni P.S. Case No. 145 of 2016. The informant of that case submitted a written report to the police alleging therein that on 24.10.2016 the informant being a journalist went to the office of the petitioner, who was posted as block development officer and asked him about the wrong doings that was made in the process of digging a pond in a panchayat and asked for the statement of the petitioner in respect of the same. The petitioner intentionally insulted and intimidated the informant, who is a member of Scheduled Caste and abused him by taking his caste name in a place within public view and also committed acts which is derogatory to human dignity by caching hold of the collar of the shirt of the informant, assaulting him and criminally intimated him.

4. On the basis of the written report lodged by the informant, the said Birni P.S. Case No. 145 of 2016 was registered involving the offences punishable under Sections 323, 504 and 506 of the Indian Penal Code and under Section 3 (1) (iii) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. After investigation of the case, police submitted charge sheet finding the allegation made under Section 506 of Indian Penal Code having been made out against the petitioner and the learned Magistrate has taken cognizance of the offences but the petitioner did not think it fit for reasons best known to him to annex the certified copy of the order by which the learned Judicial Magistrate 1st Class, Giridih has taken cognizance of the offences against the petitioner.

6. The petitioner filed a petition to stop the proceeding of the case invoking the jurisdiction of the trial court under Section 258 of Cr.P.C. on the ground that in order to prosecute the petitioner though I.O. was required to obtain sanction of the State Government under Section 197 of Cr.P.C. but the said sanction has not been obtained and the materials in the record is insufficient to constitute the offence punishable under Section 506 of Indian Penal Code.

7. The learned Judicial Magistrate 1st Class, Giridih considered that the allegations made against the petitioner are unconnected with his duty and the act alleged in the FIR cannot be considered as an act done in discharge of official duty; as the offence alleged is not intrinsically connected or is related to the performance of the official duty of the accused nor there is any reasonable connection between the acts alleged in the FIR, in the discharge of duty of the petitioner as a block development officer nor it can be said that the petitioner has committed the offences as alleged in the FIR under the colour of the office held by him and went on to hold that the alleged act is no way connected with the discharge of the duty of the petitioner and vide order dated 31.07.2023 rejected the prayer to stop the proceedings of the criminal case, under Section 258 of Cr.P.C..

8. Being aggrieved by the said order passed by the learned Judicial Magistrate 1st Class, Giridih dated 31.07.2023, the petitioner filed Criminal Revision No. 140 of 2023 but the learned Sessions Judge, Giridih vide the impugned order dated 09.05.2024, considering the facts of the case, found prima facie case for the offence punishable under Section 506 of Indian Penal Code against the petitioner and went on to