Ravindra Singh, J. - (1.) Heard Sri. Amit Daga, learned Counsel for the petitioner and learned A.G.A. This writ petition has been filed against order dated 21st March, 2003, passed by learned Judicial Magistrate, Court No. 2 Muzaffamagar in Criminal Case No. 1136/9 of 2002, whereby the complaint filed by the petitioner was dismissed and the order dated 24th August, 2004, passed by learned Addl. Sessions Judge, Court No. Muzaffamagar in Criminal Revision No. 295 of 2003, whereby revision filed by the petitioner was dismissed.
(2.) It is contended by the learned Counsel for the petitioner that the complaint filed by the petitioner was dismissed on the ground that the accused persons are Government servants and. the act done by the them was during the discharge of their duty and for their prosecution no sanction under section 197. Cr. P.C. was taken.
(3.) It is contended that act done by the accused persons is not during the discharge of the duty, it is an independent act done by them from which the sanction under section 197 Cr.P.C. was not required. It is contended that the accused persons have caused 'injuries on the person of the person. The medical examination report shows that the injuries were of such nature which caused fracture of nasal bone also. It is further contended that the order dismissing the complaint by the learned Magistrate is illegal and the manifest error committed by learned Magistrate was not considered by the Revisional Court and the revision filed by the petitioner was dismissed vide order 24th August, 2004. Learned A.C.A. opposed the contention by submitting that there is no illegality in the impugned orders because the impugned orders are well reasoned which have been passed after considering all the facts and circumstances of the case.;