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2024 Supreme(Online)(MP) 2763
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE GURPAL SINGH AHLUWALIA, J
Omprakash Patel – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 21846/2018
,Advocate General
Public servants are entitled to protection under Section 197 of Cr.P.C. for acts done in discharge of official duty, provided there is a reasonable connection between the act and the duty.
Headnote:(A) Criminal Procedure Code, 1973 - Section 197 - Quashing of cognizance - Application filed to quash the order taking cognizance of offences under Sections 323 and 325 IPC against a public servant - The court held that the applicant was discharging his official duty while arresting the accused and thus entitled to protection under Section 197 - The allegations made against the applicant do not disclose any offence. (Paras 6, 14, 22)
(B) Official Duty - Protection under Section 197 - The court reiterated that a public servant is entitled to protection from prosecution for acts done in the discharge of official duty, provided there is a reasonable connection between the act and the official duty. (Paras 10, 12, 18)
Facts of the case:
The applicant, a Ranger, was accused of assaulting villagers while discharging his duty to prevent encroachment on forest land. The FIR against him was based on allegations of assault during an altercation. The applicant contended that he was acting in the course of his official duties.
Findings of Court:
The court found that the applicant was acting in the discharge of his official duty and that the allegations did not constitute an offence. The order taking cognizance was set aside.
Issues: The main issues were whether the applicant was entitled to protection under Section 197 of Cr.P.C. and whether the allegations made against him constituted an offence.
Ratio Decidendi: The court ruled that the applicant was entitled to protection under Section 197 as he was acting in the discharge of his official duty, and the allegations did not disclose any offence.
Result: The application is allowed and the order dated 20.03.2018 is set aside.
2 MCRC No.21846/2018 This application under Section 482 of Cr.P.C. has been filed seeking the following relief:
- “It is, therefore, prayed that this Hon'ble Court be kind enough to allow this petition and quash and set aside the order dated 20.03.2018 passed by the Court of Sushri Savita Jadia, Chief Judicial Magistrate, Harda (M.P.) in Cr.Case No.190/2018 (State Vs. Ranger Omprakash Patel) whereby cognizance has been taken for offence u/s 323, 325 I.P.C against the petitioner and also quash and set aside the entire proceedings thereto pending against the petitioner in the said Court and discharge the petitioner.”
2. The facts necessary for disposal of present application in short are that an FIR in Crime No.90/07 was registered at Police Station Rahatgaon, District Harda for offence under Sections 323, 325 of IPC.
The prosecution story in short is that on 12.07.2007 an FIR was lodged by Munni Bai on the allegations that on 11.07.2007 at about 03:00 p.m. she and her husband Ramdas were in their house. At that time, Ranger Om Prakash Patel (applicant) and other employees of Forest Department came and informed that they have come to arrest Ramdas and accordingly, they took away Ramdas with them. Complainant resisted to it. When they were trying to take her husband out of the village then she informed the villagers and all the villagers came there and got her husband released from the custody of forest officials, as a result, scuffle took place and during that scuffle applicant and other officials of Forest Department assaulted her as well as Rambhaors and Phoolwati, as a result, they have sustained injuries. The incident has been witnessed by Lalman, Hazari, Salikram, Shyamlal, Gorelal, Subedar, Ramlal and others. On the basis of this FIR the police lodged an offence under Sections 323, 325 of IPC. After completing the investigation, police 3 MCRC No.21846/2018 filed the closure report. After recording the statement of complainant and other witnesses, Trial Court by order dated 20.03.2018 rejected the closure report and took cognizance of offence under Section 323, 325 of IPC.
3. Challenging the order dated 20.03.2018 passed by C.J.M., Harda, it is submitted by counsel for applicant that applicant, who was working on the post of Ranger got an information that certain persons have encroached upon the forest land and accordingly, when he went to remove the encroachment alongwith other officials of the Forest Department. They were attacked. Accordingly, FIR was lodged by applicant in Crime No.76/07 registered at Police Station Rahatgaon, District Harda against more than 25 persons for offence under Sections 341, 364, 294, 397, 327, 332, 353, 186, 506, 342, 216, 109 of IPC.
4. By referring to aforesaid FIR, it is submitted by counsel for applicant that applicant alongwith other forest officials were on patrolling and during patrolling they found that Ramdas S/o Rohna Korku, Rambhau S/o Rohna and Rambharos S/o Rohna Korku were illegally ploughing the forest land with an intention to encroach upon the said land. They stopped these persons from doing the same and accordingly, they ran away alongwith their cattle and plough. However, accused Ramdas was taken in custody and POR No.12099/2023 for offence under Section 26 of Forest Act was registered. After formally arresting Ramdas they started coming back from the village at about 04:30 p.m. When forest officials reached near the bank of Kajal river then the residents of Village Thega, who have been named in the FIR as well as other 8-10 persons surrounded them. They were armed with lathi, axe, rod, stones, ballam etc. and forcefully stopped them and 4 MCRC No.21846/2018 started abusing the forest party filthily in the name of mother and sister.
They were speaking in the local tribal language which the applicant can understand. They were alleging that they are the active workers of S.J. Party and their leaders namely Sameem Modi, Anurag Modi and Sanjay Arya have directed them that land bel
