SUKHDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed for quashing of complaint, Annexure P-1; order of summoning, Annexure P-2 and order of commitment, Annexure P-3 on the ground of absence of sanction under Section 197 of the Code of Criminal Procedure.

(2.) CASE of the complainant is that he was President of Kissan Union and he was on a Dharna on 23.8.1995. The accused opened fire on the crowd on account of which five persons died and many were injured. The agitation was on account of absence of adequate electricity supply and issuance of heavy bills. The agitation was called of on certain assurances, but still remedial measures were not taken leading to fresh agitation on the fateful day. Accused Sukhdev Singh exhorted others that the demonstrators be taught a lesson on which accused Inder Singh and others caused fire. After considering the preliminary evidence, the petitioners have been summoned and they stand committed for trial.

(3.) LEARNED counsel for the petitioners submitted that on admitted facts, the petitioners acted in discharge of their official duties and cannot, thus, be prosecuted without sanction. He has, inter alia, placed reliance on a judgment of the Hon'ble Supreme Court in Abdul Wahab Ansari v. State of Bihar, 2004(2) RCR(Crl.) 215 : 2000(4) RCR(Criminal) 572 : 2001 SCC (Criminal) 18 wherein it was observed as under :-