SANKAR ACHARYYA, J. - (1.) This revisional application under Article 227 of the Constitution of India has been filed by petitioner for quashing of the proceedings in G.R. Case No. 2677 of 2013 pending in the Court of learned Chief Judicial Magistrate, Burdwan arising out of Burdwan Police Station Case No. 1001 of 2013 dated 18.08.2013 under Sections 186/353/341/332/506, Indian Penal Code.
(2.) The petitioner is retired Principal of Burdwan Raj College. While he was in service as Principal of that college he was appointed as venue -in -charge for West Bengal Police Recruitment Examination in the venue Burdwan Raj College which was held on 18.08.2013. During continuance of examination an altercation took place between petitioner and Inspector of police namely Lala Mir on the issue of entry of an examinee in that hall at 12:30 p.m. although the examination started at 12:00 noon. After completion of the examination said Lala Mir lodged a complaint against the petitioners at Burdwan police station and charge -sheet dated 30.11.2013 was submitted against the petitioner by police under Sections 186/353/341/332/506 of the Indiean Penal Code. On 27.01.2014 learned Chief Judicial Magistrate, Burdwan took cognizance of the said offences.
(3.) At the time of hearing learned counsel raised the only point for quashing of the proceeding that while the petitioner was discharging his official duty as a public servant (venue in charge for the West Bengal Police Recruitment Examination) in Burdwan Raj College alleging his certain acts a complaint was lodged at Burdwan police station by a police officer who was also acting in that venue not in a position superior to petitioner. Petitioner was acting as a public servant at the relevant time and was under the cloak of protection under Section 197 of the Code of Criminal Procedure. Learned counsel advanced his arguments that learned Magistrate took cognizance of the offences although the investigating agency did not obtain any sanction under Section 197 of the Code. As such, the taking of cognizance is bad in law and the proceeding on the basis of such cognizance in G.R. Case No.2677 of 2013 is liable to be quashed. In order to strengthen his submission he relied on the decisions of the Hon'ble Supreme Court in Rakesh Kumar Mishra Vs. State of Bihar and Others reported in (2006) 1 SCC (Cri) 432 and Gauri Shankar Prasad Vs. State of Bihar and Another reported in (2000) 5 SCC 15.;