The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Section 197 Cr.P.C.

JUDGMENT

Jasjit Singh Bedi, J. - The challenge in this petition is to the order dated 06.10.2014 (Annexure P-1) passed by the learned Additional Sessions Judge, Jalandhar, vide which the revision preferred by the petitioner against the order dated 09.09.2013(P-2) passed by the learned Judicial Magistrate, 1st Class, Jalandhar, summoning the petitioner along with others, to face trial in criminal complaint No.237/2013 dated 31.01.2013 titled Jyoti Sarup vs Kamaljit Singh Bhatia and others, under Sections 452, 166, 167, 427, 382, 388, 511, 411, 414, 201, 506, 148,149 and 120-C IPC, has been dismissed.

2. The brief facts of the case, as would emanate from the record of the learned trial Court, are as under:-

1. The complainant filed a complaint against the accused under Sections 452, 166, 167, 427, 382, 388, 511, 411, 414, 201, 506, 148, 149 120-B IPC with the allegations that the complainant was a co-owner in possession to the extent of 21/2 mis of property bearing No.WM.243, Basti Guzan, Jalandhar. It has further been stated that the complainant was running her business under the name and style of M/s Oriental Tools Corporation for the last 50 years. The son of the complainant was also running his business from a portion of the demised property. It was further stated that accused no. 1-petitioner Kamaljit Singh Bhatia was an elected representative i.e. he was a Municipal Councilor, Municipal Corporation, Jalandhar and also a Senior Deputy Mayor of the Municipal Corporation, whereas the accused no.2 to 5 (since discharged) were government servants and also associates of the accused no.l. It was further stated that complainant had instituted a Civil Suit for permanent Injunction against the Municipal Corporation, Jalandhar and details of the said civil proceedings were enumerated in the complaint. It was further stated that the brother of the complainant, Shri Sharan Kumar, inducted one Ms. Pinky as a tenant in a portion of his share and she was not paying rent to the legal heirs of the said brother of the complainant. Accused no.l/petitioner was inimical towards the complainant as Sharan Kumar was demanding rent from the said Ms. Pinky who was being favored by the petitioner. On 22.9.2010 at about 4 PM. the accused no.l/petitioner accompanied by his associate gunman etc. along with a Ditch Machine owned by the Municipal Corporation, Jalandhar demolished a portion of the building premises bearing no.WM 243, Basti Guzan, Jalandhar. The reason behind the high handedness of the accused was that the complainant had refused to please the petitioner by providing water and electricity supply for the said Pinky. Again on 25.10.2010 at about 12.30 PM the accused No.l/petitioner and accused 2 to 5 who were government servants (since discharged) alongwith accused No.6 to 8 and a gang of muscle men descended on the demised property bearing No.WM- 243 Basti Guzan, Jalandhar alongwith a ditch machine and weapons and started demolition of the property once again. The gates were cut using a gas cutter. After committing theft of different articles, the accused disposed off the stolen goods with the assistance of accused No. 6 to 8, who took the stolen goods to their shop and from there the stolen goods were disposed off. The act of the accused was without any authority of law or without having obtained any sanction from the Commissioner, Municipal Corporation, Jalandhar. The accused caused a loss of Rs.2 Lacs approximately to the business establishment of the complainant. The complainant immediately gave complaints to the police on 25.10.2010 but the police failed to initiate any action against the accused. Hence the complaint came to be filed.

3. Pursuant to the recording of preliminary evidence, all the accused persons came to be summoned under Sections 452, 166, 167, 427, 382, 388, 511, 411, 414, 201, 506, 148, 149 and 120-B IPC vide order dated 09.09.2013. Three summoned accused namely, Rahul Gupta, the then Joint Commissioner, Municipal Corporat