DARSHAN KUMAR Vs. SUSHIL KUMAR MALHOTRA
LAWS(HPH)-1979-7-1
HIGH COURT OF HIMACHAL PRADESH
Decided on July 11,1979

DARSHAN KUMAR Appellant
VERSUS
SUSHIL KUMAR MALHOTRA Respondents

JUDGEMENT

- (1.) THE petitioner herein filed a criminal complaint under Sections 143, 148, 149, 379, 380, 382, 452, 453, 454, and 461 I. P. C. against all the 63 respondents in the court of Sub Divisional Magistrate, Chamba which complaint was later on with the enforcement of the Code of Criminal Procedure, 1973 transferred to the Court of Chief Judicial Magistrate, Chamba. Respondents Nos. 1, 3 and 4 are admittedly public servants not removable from office save by or with permission of the State Government. The learned Chief Judicial Magistrate after recording the preliminary evidence of the petitioner, vide his order dated 10-6-1976 summoned only 21 out of 63 respondents under Sections 143, 379, 380 and 461 read with Section 149, Indian Penal Code. As regards respondents 'nos. 1, 3 and 4 the learned Chief Judicial Magistrate observed that he could not take cognizance against these respondents without the sanction of the State Government as contemplated by Section 197 of the Code of Criminal Procedure as the act complained of against them was committed by them while acting or purporting to act in the discharge of their official duties. He accordingly refused to summon these three respondents.
(2.) THE petitioner has now approached this Court in revision and has challenged the order of the Chief Judicial Magistrate dated 10-6-1976 in so far only as it lays down that he could not take cognizance of the offences against respondents Nos. 1, 3 and 4 without the prior sanction of the State Government under Section 197, Cr. P. C.
(3.) THUS the sole question that falls for consideration in this revision is with regard to the application of the provisions of Section 197, Cr P. C. on the facts of the present case. The very nature of the case, therefore, demands that the facts should be set out at some length.;


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