Shanti Sarup Dewan, J. - (1.) In this petition under S. 482 of the Code of Criminal Procedure, 1973 (for short, the Code), the petitioners have sought quashing of the order dated 6th September, 1982 passed by the Chief Judicial Magistrate Gurgaon, whereby he rejected the application moved by the petitioners under S. 197 of the Code.
(2.) Without going into the details of the application, in substance allegations amount to these: That Kirat Singh complainant -respondent filed an application against some bad characters of his Mohalla to the Station House Officer of Police Station City Gurgaon. Jagdish Chander Sub -Inspector colluded with the bad characters. On the night intervening 20/21.3.1978, the complainant was called to the police station and hand -cuffed. His wrist watch, golden ring and some cash were removed from his person. He was also beaten with a danda and abused in filthy language. It it further alleged that the accused -petitioners got the signatures of the complainant on a blank paper under duress and coercion and produced him in the court only on 22.3.1978 when applications were submitted in the Court regarding the illegal confinement of the complainant. The complainant filed a complaint under Ss. 220, 323, 330, 341, 342 and 384, I.P.C. on 30.3.1978.
(3.) After recording the preliminary evidence, the accused -petitioners were summoned by the Chief Judicial Magistrate, Gurgaon, under Ss. 323, 343 and 342 Indian Penal Code, for 6.2.1980. When some evidence on behalf of the complainant was recorded, the petitioners moved an application under S. 197 of the Code, alleging that the complaint could not proceed against them as the offences attributed to them had been committed while they were acting in the discharge of their official duty and that the sanction of the Government was a pre -requisite. The learned trial Magistrate vide his order dated September 6, 1982, dismissed the application with the following observations : - - Learned counsel for the applicants has produced Notification No. 41/29/79 HGI dated 25 25.7.1980 published on 12.8.1980 in. Haryana Government Gazette which is to the effect that - - In exercise of the powers conferred by sub -section 3 of the Sec. 197 Criminal Procedure Code, 1973 ( Control Act 2 of 1974) Governor of Haryana hereby directs that the provisions of sub -section (2) of the said Sec. shall apply to serving police officials of all ranks of the Haryana Police force charged with the maintenance of public orders. 'Now in this case, case of the accused is that as a complaint had been made against Kirat Singh complaint so he was called in the police station and interrogated and searched. Certainly it is the duty of the police to call a person in the police station against whom a complaint has been received by them, but it is not their duty to beat such a person and to illegally confine such a person in police custody i.e. without producing him in Court after 24 hours and to take out Jama Talashi without showing the same in papers. The notification can help them only while they are acting in the discharge of their duty and not when they are committing offences. Commission of offences can by no stretch of imagination be held to have reasonable connection with the official duty of the police officials.;