R. K. PATRA, J.

( 1 ) THE petitioner is the complainant. He filed complaint vide I. C. C. No. 20 of 1993 in the court of the Judicial Magistrate First Class, Rampur against opposite parties on the allegation that they committed offences punishable under Sections 342/323/294/506/34 IPC, Opposite party No. 1 was the Officer-in-charge of Rampur Police Station at the relevant time. The learned Magistrate after perusing the complaint, the initial statement of the petitioner and the statements of witnesses recorded in the enquiry under Section 202 Cr. P. C. held that the facts and circumstances of the case did not show that there was any connection of assault or use of abusive words at the petitioner by the opposite party no. 1 while the latter was discharging official duty. He was of the opinion that no action under Section 197 Cr. P. C. was necessary. Having found a prima facie case he took cognisance of offences under Sections 323/506/34 IPC and directed issue of summons to the opposite parties. This order was passed on 9-2-1994. The opposite party no. 1 challenged it before the learned Sessions Judge. By the impugned order, the learned Sessions Judge held that opposite party no. 1 is