A public servant's actions in legal duty cannot lead to prosecution without necessary sanction under Section 197.

1. Shri S. B. S. Tiagi, Assistant Commissioner of Police, Shri Prem Nath, Inspector, former. SHO Police Station Roshnara, Delhi, and ASI Mohan Singh have filed these petitions u / S. 482 of the Code of Criminal Procedure for quashing the criminal complaint u / S.302 / 120 - B, IPC. These three petitions are disposed of by this judgment. In these petitions, it is also prayed that order of summoning passed by Shri J.M. Malik, Metropolitan Magistrate Delhi, dated 9th May, 1988 and the order of the learned Sessions Judge dated 9th June, 1989, (dismissing the criminal revision No. 121 / 88) be set aside. The complaint was filed before the court of Chief Metropolitan Magistrate, Tis Hazari by Smt. Surender Krishnan wife of Late Dr. P. G. Krishnan. The complainant is a practising advocate in Delhi and wife of the deceased Dr. P. G. Krishnan, Professor of Law in the Delhi University, Delhi.

2. It is stated in the complaint that Late Dr. P. G. Krishnan was staying with his wife and 3 daughters at first floor of house No. 7 / 22, Roop Nagar, New Delhi - 7, as tenants of Smt. Gian Devi Suri who lives along with her son Shyam Suri, his wife Nirmala Suri and their children, namely, Smt. Renu Khanna alias Dolly. In the complaint, it is stated that Smt. Renu Khanna, grand daughter of Smt. Gian Devi was harassing Late Dr. P. G. Krishnan and his family members with the object of making them forcibly vacate the tenanted portion. The landlady never got repaired the dilapidated roofs of the tenanted portion in spite of the repeated requests, since 1978.

3. On 8th January 1987, Smt. Renu Khanna committed house trespass and inflicted intentional insult by abuses to provoke breach of peace and criminal intimidation as a result of which DD No. 21 - A dated 8-1-1987 was lodged by the deceased husband of the complainant at Police Station Roshnara, Delhi. A detailed complaint of the facts leading to the incident of 8th January 1987 was made on 9th January, 1987 to the S.H.O., Police Station Roshnara, Delhi, and was acknowledged by the Police Station on the same day.

4. That instead of taking any appropriate action against Smt. Renu Khanna, Gian Devi Suri and others on DD No. 21 - A dated 8th January, 1987, followed by a complaint dated 9th January, 1987, the S.H.O., Police Station Roshnara, Delhi framed Kalandra against the complainant and her deceased husband, as one party and Smt. Gian Devi and Renu Khanna as other party vide DD No. 17 - A dated 15-1-87 u / S.107 / 150, Code of Criminal Procedure .

5. In the complaint, it is mentioned that the accused had the knowledge of the fact that the deceased Late Dr. P. G. Krishnan is a heart patient and in 1985, he suffered a massive heart attack.

6. It is further mentioned that the accused No. 1 Shri S. B. S. Tiagi who was Assistant Commissioner of Police (North) and was performing the duty of Special Executive Magistrate, and accused No. 2 Prem Nath was the then S.H.O. Police Station Roshnara, Delhi, and accused No. 3 namely Mohan Singh, ASI, who prepared the Kalandara against the complainant and her husband on 15th January 1987 and submitted it to the then Special Executive Magistrate Shri O.P. Tiwari, Assistant Commissioner of Police. Shri S.B.S. Tiagi took over from O. P. Tiwari, and after taking over the charge of a Special Executive Magistrate, accused Nos. 2 and 3 were posted. Accused No. 4 Narender Singh executed the intentional illegal act of the accused Nos. 1 and 3 by threatening to arrest the husband of the complainant Late Dr. P. G. Krishnan through illegal non - bailable warrants issued by respondent No. 1. It is further alleged in the complaint that the Special Executive Magistr