KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment of learned AddI. Sessions Judge dated 22/10/1982, Bhilwara, whereby he has set aside the order of Judicial Magistrate, Jahajpur dated 23/10/1980.

(2.) Brief facts of this case are that the non petitioner No.2 filed complaint on 18/8/1980 alleging that the petitioner who was the Station House Officer at Police Station, Jahajpur has not properly acted in discharge of his duties and prepared false statement of the complaint of Moolchand, Kalyanmal, Ramprasad and Dharamvir in order to save one Ahmed Noor from proceeding u/s. 145, Cr. P.C. It appears that process was issued against the petitioner on 3/7/1980. The petitioner filed objection on 16/10/1980 that without sanction u/s. 197, proceedings cannot be initiated. The petitioner also relied on the notification of the State Government No. F. 20(7) Home (Gr. VI)/74 S.O. 89, July, 1974 according to which the provisions of Section 197 (2) were made applicable to the police employees of the State Government. The learned Magistrate vide his order dated 23/10/1980 dismissed the complaint for want of sanction. On revision petition, being filed by the Non-Petitioner, the learned AddI. Sessions Judge set aside the order of learned Magistrate dated 22/10/1982. Hence this revision petition.

(3.) Miss Manju, learned counsel for the petitioner has prayed that this revision may be treated u/s. 482, Cr. P.C. She has submitted that learned Sessions Judge has erred while rejecting the objection that it is not the stage when the point of sanction could be decided, as sanction u/s. 197, Cr. P.C. was a pre-requisite condition for taking cognizance and in the absence, cognizance taken is abuse of the process of the court. S he has placed reliance on Girdharilal v. Lalchand