- (1.) Present revision has been preferred against the order dated 22.9.2010 passed by the Chief Judicial Magistrate, Azamgarh in criminal case no. 9254 of 2003, State Vs. Vijay Kumar Punj and others, under sections 364, 342 I.P.C., p.s. Jiyanpur Azamgarh, by which application of accused-revisionists for discharge under section 197 Cr.P.C. was rejected.
(2.) It is admitted case that police personnel of Madhya Pradesh had visited Azamgarh in connection with investigation of a case and in search of an accused, visited village Deua Pur, p.s. Jiyanpur, Azamgarh. There they had not found the accused, so they had taken Kamaluddin into their custody and went away. A case crime no. 300 of 1996 under sections 342, 364 I.P.C. was registered in police station Jiyan Pur against those police personnel of Madhya Pradesh (present revisionists) for unlawful detention of Kamaluddin and for abducting him. During investigation, police had also recovered a dead body, which was identified by witnesses as dead body of Kamaluddin. After investigation charge-sheet was filed against present revisionists.
(3.) During trial of said case accused-revisionists had moved application dated 7.2.1998 under section 197 Cr.P.C. for discharging them on the ground that at the time of incident in question they had come to Azamgarh in discharge of their official duty, in search of a wanted accused. Since that accused was not found and his brother Kamaluddin had asked them to give information about whereabouts of the said wanted accused therefore they had taken Kamaluddin with them, but during transit Kamaluddin had escaped from their custody and fled away. Since these acts had been performed by the accused-revisionists in discharge of official duty for apprehending a wanted accused of Jabalpur, Madhya Pradesh, therefore, their acts are protected under section 197 Cr.P.C. and they cannot be prosecuted unless formal prosecution sanction has been obtained under this provision.;