- (1.)PETITIONER Narayan Chandra Pramanik is a Sub Inspector of Police attached to the office of the District Enforcement officer, Beldanga, District Murshidabad. The Opposite Party No. 1, Ananda Mondal filed a complaint against the petitioner alleging commission of offences under Sections 149/323/326/307 I. P. C. In brief the allegation was that on October 20, 1980 while the complainant was washing his mouth at the tank near his house in Dakshin Bachhra, some Muslims of the village were, attempting to sacrifice a cow on the northern bank of the tank. Some Police personnel were present at the spot The complainant and others while passing by the southern bank of the tank were attacked with brick bats. At that time some police personnel came on the southern bank of the tank and suddenly fired on him without provocation s. I. Narayan Chandra Pramanik fired from his revolver, as a result of which the complainant, Paltu and Patal ghosh were injured.
(2.)AFTER the complaint was filed the complainant and some of the witnesses were examined the accused (the petitioner before us) was summoned. On 1. 2. 1. 1982 the petitioner filed an application praying for dropping the proceedings for want of sanction under Section 132 and 197 Cr. P. C. He alleged that a police party including himself was posted at the village to maintain law and order, and that the complainant and the witnesses tried to snatch away the Government property including his revolver for which Beldanga P. S. Case No. 20 dated October 20, 1980 (G. R. Case no. 1302j80) had been started. The petitioner alleged that the complainant and his witnesses formed themselves into an unlawful assembly endangering public security, tranquility and peace and. to meet the situation he had acted in exercise of his duties as a Police Officer.
(3.)THE learned Chief Judicial Magistrate, Murshidabad by his order dated 24. 11. 1982 observed that the petitioner is not entitle to claim the benefit of the provision of Section 197 Cr. P. C. As regards the other plea that no prosecution could be instituted without prior sanction as provided under Section 132 cr. P. C. the learned Judge observed as follows :-
"after careful, consideration of the facts and circumstances of the case and materials on record I am of the view that so far as the matter stands at present provisions of Section 197' Cr. P. C. or 132 Cr. P. "c. are not attracted in the present case and the application filed By the petitioner Narayan Chandra Pramanik is without any merit and may be rejected. "