IMPORTANT POINT
Section 197 Cr.P.C. does not apply to offences not connected with the discharge of official duties.

JUDGMENT :

1. Heard Sri Mohd. Ali, the learned counsel appearing for the applicants and Sri Anant Pratap Singh, the learned AGA for the State and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have challenged the validity of the order dated 10.05.2022 passed by the Chief Judicial Magistrate, Balrampur in Complaint No. 678 of 2021, whereby the Magistrate has taken cognizance of offences under Sections 323, 504, 506 IPC on the basis of a complaint filed by the opposite party no. 2. The applicant has also challenged the validity of the judgment and order dated 25.01.2024 passed by the Sessions Judge, Balrampur dismissing Criminal Revision No. 67 of 2022 filed against the aforesaid order dated 10.05.2022 and affirming the order.

3. The opposite party no. 2 filed an application under Section 156(3) Cr.P.C. alleging that his father had died on 04.10.2012 and he had applied for mutation of his name in the record of Nagar Palika Parishad, Balrampur and had deposited house-tax and water-tax on 22.01.2015 and he had also deposited Rs. 500/- towards mutation charges. He had submitted all the relevant documents to the Nagar Palika Parishad, Balrampur on 10.09.2015, which included a recommendation made by the corporator. Even after it, on 28.09.2016, the Executive Officer of Nagar Palika Parishad (the applicant no. 1) uploaded information on the web portal that recommendation of corporator was not attached to the application.

4. When the complainant sought information under the Right to Information Act, 2005, on 18.12.2020 he was informed that a final order had been passed on his application, whereas the house continued to be recorded in the name of the complainant’s deceased father. When the complainant contacted the applicants to know the cause of the aforesaid fact, both of them abused him and threatened to assault him and pushed him outside the office.

5. The magistrate registered the application as a complaint by means of an order dated 20.03.2021. Thereafter statement of the complainant was recorded under Section 200 Cr.P.C. on 27.09.2021 and statements under Section 202 Cr.P.C. were recorded on 08.10.2021 and 22.10.2021 and thereafter the Magistrate has passed an order summoning the applicants to face the trial. It is recorded in the order dated 10.05.2022 that a perusal of the record prima facie indicates commission of offences under Section 323, 504, 506 IPC and summoned the applicants to face the trial.

6. In Criminal Revision No. 67 of 2022 filed by the applicant against the summoning order dated 10.05.2022, it was argued that the trial court could not have taken cognizance of the offences without previous sanction of the Government as provided under Section 197 Cr.P.C. The Session Judge held that the offences alleged were not committed by the applicants while exercising their official duties and, therefore, no previous sanction was required in respect of those offences. The learned Sessions Judge further held that at the stage of taking cognizance of the offences and summoning the accused persons merely a prima facie satisfaction is required to be recorded for trial of the accused persons and a thorough scrutiny of the offences is not required to arrive at a satisfaction that there is sufficient material for conviction of the accused person. Accordingly, the Sessions Judge dismissed the revision.

7. While assailing the validity of both the aforesaid orders, the learned counsel for the applicants has submitted that C.L. No. 53/2007Admin(G):Dated: 13.12.2007 issued by this Court mandates that all the Magistrates to record statements under Section 200 Cr.P.C. in their own handwriting, whereas in the present case the statement has been transcribed by the reader of the Court.

8. C.L. No. 53/2007Admin(G):Dated: 13.12.2007 reads as follows: -

“The Hon’ble Court has been pleased to observed that section 200 Cr.P.C. mandates that the substance of the information/statement only is requir