N.N. Mathur, J. - (1.) - By way of the instant petition under Section 482 of the Code of Criminal Procedure, petitioner has challenged the order of Additional Sessions Judge, Raisinghnagar dated 13.6.2001 whereby he refused to interfere with the order of Additional Chief Judicial Magistrate, Raisinghnagar whereby he dropped the proceedings against the respondent No. 1 and 2.
(2.) Briefly stated that facts of the case are that the petitioner complainant filed a complaint in the court of Additional Chief Judicial Magistrate, Raisinghnagar. Learned Magistrate sent the said complaint for enquiry to the S.H.O. Police Station Raisinghnagar under Section 156(3) of the Code of Criminal Procedure, Police submitted the report. On the basis of the said report, learned Magistrate took cognizance against the accused respondents for offence under Section 408, 420, 467, 468, 477-A and 120-B I.RC. by the order dated 23.11.1998. Accused respondents put in appearance and filed an application dated 21.12.1998 wherein it was stated that there was absolutely no case against them and as such, the order of taking cognizance against them may be recalled. Said application was allowed by the order dated 25.9.2000. The matter was carried in revision. Learned Additional Sessions Judge, Raisinghnagar found that respondent Gurudayal Singh, Principal of Shahid Bhagat Singh College and Kulwant Singh, RT.I. of the said college being Public Servants, are entitled to the protection under Section 197 of the Code of Criminal Procedure. Accordingly, the learned Judge allowed the revision by order dated 13.6.2001 and set aside the order of Additional Chief Judicial Magistrate, Raisinghnagar taking cognizance for the various offences as stated above.
(3.) It is submitted by the learned counsel that learned revisional court committed serious error in extending the benefit of the provisions of Section 197 Cr.RC. to the accused respondents. It is not in dispute that both the respondents being the employees of a private college neither removed by the State Government nor the Central Government. In view of this fact, to my mind the provisions of Section 197 Cr.RC. are not attracted. It is submitted by Mr. Kharliya, learned counsel appearing for the respondents that even otherwise, there is no case against the respondents and, as such, the order of the learned Magistrate taking cognizance against them, on merits of the case, also deserves to be recalled.;