Mahesh Bhagwati, J. - (1.) BY way of this criminal misc.petition filed under Section 482 of Cr.P.C., the petitioner -complainant Chouth Mal Kumawat has prayed to quash and set aside the order dated 8th April 2003 rendered by the Additional Sessions Judge No.2, Sikar (Camp Srimadhopur) in criminal revision No.39/2002 which upheld the order dated 14th July, 1999 taking cognizance of the offences.
(2.) HEARD learned counsel for the parties and carefully perused the relevant material on record. Learned counsel for the petitioner canvassed that the impugned order dated 8th April, 2003 passed by the Additional Sessions Judge, No.2 Sikar (Camp Srimadhopur) is totally arbitrary and against the provisions of law. It is unequivocally observed by the learned Additional Chief Judicial Magistrate, Srimadhopur in his order dated 14th July, 1999 that the accused non -petitioner Jagdish Prasad Arya while discharging the duty of a Tehsildar, intentionally caught hold the collar of petitioner and slapped him two or three times in Tehsil, when he went to obtain the certified copy of an order. He further argued that catching hold the petitioner by his collar, registering two or three slaps and asking him to go out of the Tehsil premises cannot be said to be a part of official duty. Since beating the petitioner was not a part in discharging of official duty of non -petitioner No.2, there was no need to obtain sanction under Section 197 of Cr.P.C. to prosecute him. He cited one judgment of Ram Singh @ Ranveer Singh v. State of Raj. & Anr. reported in, WLC 1994(1) 171 in support thereof. Hence, the impugned order of Additional Sessions Judge deserves to be set aside.
(3.) E converso, the learned counsel for the non -petitioner No.2 defended the impugned+order and stated the same to be just and proper and the same did not call any intervention.;