(1.) This revision petition is directed against the order dt. 6-2-1984 passed by the 1st Additional Sessions Judge, Ujjain in Criminal Revision No. 114 of 1983 whereby allowing the revision filed by the non-applicant it has been held that cognizance of the offence under S.323 of the I.P.C. against the non-applicant cannot be taken without prior sanction as required under S.197(1) of the Cr. P.C. 1973 (for short 'the Code').
(2.) Circumstances giving rise to the revision petition are these. During the 'Simhashtha' of 1980 at Ujjain the non-applicant who belongs to Indian Police Service (I.P.S.) was Addl. Superintendent of Police, Ujjain. He was officer-in-charge of the Simhashtha fair. Under the All India Services (Discipline and Appeal) Rules 1969 a member of I.P.S. is removable from service with the sanction of the Central Govt.
(3.) According to the petitioner, when on 26-4-80 at about 10.30 p.m. he was returning on his motor cycle through the fair area on way to his residence, the non-applicant stopped him and questioned him as to why he had come on the prohibited route. The petitioner had a pass issued by the Superintendent of Police. He showed it to the non-applicant and told him that if he had to be stopped, he could have been stopped at Mullapura post so that he could go by the ring road. Upon this the non-applicant slapped him.
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