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2015 Supreme(All) 1994
ALLAHABAD HIGH COURT
B. Amit Sthalekar, J.
Anil Kumar Mishra - Appellant
Versus
State of U.P. & Another - Respondent
Application U/S 482 No. - 11657 of 2015
Decided On : 14-05-2015
For the Petitioner: Jai Singh Yadav.
For the Respondents:Govt. Advocate.
The judgment establishes that the act complained of must fall within the scope and range of the official duty of the public servant concerned to be entitled to protection under Section 197 Cr.P.C., and acts of misuse or abuse of power by a public servant do not claim such protection.
Headnote:
Section 197 - Quashing of Proceedings - 482 Cr.P.C. - 323, 504, 506, 392, 342 I.P.C. - 151/107/116 Cr.P.C. - 197 Cr.P.C.
Fact of the Case:
The applicant sought quashing of the proceedings and summoning order related to a complaint case under various sections of the Indian Penal Code (I.P.C.) based on an incident involving a dispute over wheat crop and an alleged threat by the applicant, a Sub Inspector, to the complainant and his son.
Finding of the Court:
The court rejected the applicant's argument that the complaint could not be registered without compliance of Section 197 Cr.P.C., emphasizing that the act of threatening the complainant with a pistol did not fall within the scope of the applicant's official duty and therefore did not entitle him to the protection of Section 197 (1) Cr.P.C.
Issues: The main issue revolved around whether the applicant's actions, particularly the act of threatening the complainant with a pistol, were connected with the discharge of his official duty and thus entitled to protection under Section 197 Cr.P.C.
Ratio Decidendi: The court relied on various Supreme Court judgments to establish that the act complained of must fall within the scope and range of the official duty of the public servant concerned to be entitled to protection under Section 197 Cr.P.C. It emphasized that acts of misuse or abuse of power by a public servant cannot be considered as part of official duty and do not claim the protection of Section 197 Cr.P.C.
Final Decision: The court found no merit in the application and accordingly rejected it.
B. Amit Sthalekar, J.
Heard Shri Jai Singh Yadav, learned counsel for the applicant and the learned A.G.A. for the State.
2. By means of this 482 Cr.P.C. application, the applicant is seeking quashing of the proceedings of complaint case No. 1932/9/2014 under sections 323, 504, 506, 392 and 342 I.P.C. police station Kundraki District Moradabad as well as quashing the summoning order dated 20.1.2014 passed by the Chief Judicial Magistrate, Moradabad.
3. From a perusal of the allegations made out in the complaint it is noticed that there was a dispute between the complainant and Salim, Aslam and Fahim sons of Hamidullaha alias Chhotey, Shabban son of Saidullaha and Zareef and Shareef sons of Iqbal. Further allegation is that on 17.4.2013 at about 11 a.m. when the complainant was present in his field alongwith his son Jubaira, accused persons reached there alongwith Anil Kumar Mishra, Daroga (applicant) and forcibly started loading the wheat crop on a Tractor Trolley. When the complainant tried to stop the accused persons, Anil Kumar Mishra is stated to have said that it is the order of the S.S.P., and this wheat belongs to the accused and they shall be permitted to lift the same. When the complainant asked Anil Kumar Mishra to show the order of the S.S.P. the applicant took out his Pistol and put the same on the head of the complainant threatening him after using abusive language and is also stated to have threatened that he and his son would be killed in an encounter.
4. An application was filed by the applicant under sections 151/107/116 Cr.P.C. at Police Station Kundarki Moradabad stating that on 30.4.2013 the applicant alongwith some other constables were on beat duty and while they were going from Kundarki to Hariyana village and reached near Milak Mohammad Jampur they saw some persons scuffling on the chak road. On being interrogated one party stated that they have purchased the field on 25.4.1997 and Mohammad Uvesh and Shafeque Ahmad were claiming the said field belonged to them and were insisting to irrigate the field. Since both parties became aggressive and there was apprehension of breach of peace therefore, Mohd. Uvesh and Shafeeque were challaned under section 151 Cr.P.C.
5. On the complaint of opposite party no. 2 a complaint case no. 1932/9/2014 was registered under sections 323, 504, 506, 392 and 342 I.P.C. police station Kundraki District Moradabad and after considering the allegations made out in the complaint the summoning order dated 20.1.2014 has been issued by the Chief Judicial Magistrate, Moradabad.
6. The submission of the learned counsel for the applicant is that the applicant was a Sub Inspector and that the report under section 151/107/116 was made by him in the discharge of his official duty and therefore no complaint could have been registered without compliance of the provisions of Section 197 Cr.P.C. i.e. without sanction of the competent authority. In support of his submissions following cases have been cited.
7. Anjani Kumar Vs. State of Bihar reported in (208) 5 SCC 248, the Supreme Court in paragraph 11 has held as under:
"11. The protection given under Section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. The policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause, and if sanction is granted, to confer on the Government, if they choose to exercise it, complete control of the prosecution. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. If in doing his official duty, he acted in excess o
