DHANNJAY RAM SHARMA Vs. M S UPPADAYA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
DHANNJAY RAM SHARMA
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(1.)This appeal raises question as regards the application of S. 197 of the Code of Criminal Procedure. The appellant, formerly a Ticket Collector in Northern Railway made a complaint on October 22, 1956 in the Court of First Class Magistrate, Delhi against the three respondents, who are in the employ of the Northern Railway. The allegations in the complaint were that on September 30, 1956 at about 8-30 p.m. these accused persons along with some police officials raided the complainant's house, unlawfully confided him in a room and removed Rs. 600/- in cash (silver coins) and gold jewellery worth Rs. 1600/- i.e., 16 Tolas from a trunk lying in the "Baithak" of the house, that they did not enter these in any recovery memo and misappropriated the same, that they also removed some shirts and other clothing from another trunk belonging to the complainant, that the accused Uppadhaya took complainant's Gita Diary containing Rs. 36/- currency notes and misappropriated the same and that the cash and jewellery were kept in a bag by all the accused and was given to accused Uppadhaya. It was further alleged that the accused Uppadhaya also searched the shop of complainant's father and misappropriated Rs. 18/- from his pocket and four packets of Capstan cigarettes and one match box.
(2.)According to the petition of complaint the accused persons had committed offences under S. 461 read with Ss. 379, 403, 342, 166 and 167 of the Indian Penal Code. The Magistrate issued process against the three accused persons for offences under Ss. 403, 379, 342 and 166 of the Indian Penal Code.
(3.)Three witnesses were examined before the Magistrate on behalf of the accused to establish their claim that sanction under S. 197 of the Cr. P. C. was necessary. On a consideration of their evidence and also a copy of a memorandum issued by the Government of India, Ministry of Home Affairs, the Magistrate came to the conclusion that S. 197 of the Code of Criminal Procedure applied and in that view dismissed the complaint because no sanction of the Central Government had been obtained.
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