B.P.Singh - (1.) THIS is an application for revision against the order dated 14-11-1991 passed by Illrd Additional Munsif Magistrate, Jhansi in Criminal Case No 674 of 1991 Jamuna Das v. Radhey Shyam Pushkar under sections 161, 506, 343, 504, 323 IPC P. S. Babina district Jhansi.
(2.) THE facts of this case are very simple. One Ram Das had lodged an FIR against Jamuna Das in P. S. Babina and Crime No. 34/91 was registered in the Police Station under section 394 IPC. THE case was investigated by the applicant Radhey Shyam Pushker, who was posted as Sub Inspector in P. S. Babina. During the course of investigation, Jamuna Das was arrested. He was released on bail and thereafter a charge-sheet in the said case was submitted on 8-8-1991 under sections 452, 323 and 504 IPC. After bis release from jail, Jamuna Das filed a private complaint against the applicant Radhey Shyam Pushker on 11-7-1991 in the court of Chief Judicial Magistrate, Jhansi, under sections 343, 161, 504, 506 and 323 IPC. The learned Magistrate took cognizance and after recording statements of the witnesses under section 200 and 202 CrPC passed an order on 14-11-1991 summoning the applicant Radhey Shyam Pushker for the offences under sections 343, 161, 504, 506 and 323 IPC. It is against this order dated 14-11-1991 that the present application for revision has been moved.
(3.) AFFIDAVIT and counter affidavit have been exchanged and the application for revision is being finally disposed of at the admission stage. The main contention of the applicant's counsel is that the complaint dated 11-7-1991 filed by Jamuna Das against the applicant was false, fictitious and frivolous and the complaint was barred under section 197 CrPC because the applicant was acting in his official capacity when Jamuna Das was arrested and no sanction for prosecution of the applicant was obtained by Jamuna Das before the filing of the complaint. On the other hand, the contention of the learned counsel for Jamuna Das is that there was no need to obtain any sanction because Jamuna Das was arrested on 8-5-1991 while in the Police papers the arrest of Jamuna Das was falsely shown as 14-5-1991. It was also contended that the provisions of section 197 CrPC were not attracted to the case of the applicant.;