B.J. Shethna, J. - (1.) The petitioner who is at present Crime Assistant to S.R, has challenged in this petition the order dated 8.6.92 passed by Addl. Munsif and Judicial Magistrate No. 1, Alwar in case No. 987/91 whereby the petitioner's application filed under section 197 of Criminal Procedure Code was dismissed. At that time, this petition was admitted and the record and proceedings were called far. Till today the trial has not proceeded on tho complaint filed by the complainant. The complainant filed the complaint as a counter blast against the petitioner accused for the offence punishable under section 323, 504 and 406 Indian Penal Code. However, the learned Magistrate took the cognizance against the petitioner only for the offence punishable under section 323 Indian Penal Code. The case of the petitioner is that against the complainant, offence Under section 379 Indian Penal Code was registered and when he was sent to custody they were made accused as counter blast as the complainant later on filed a complainant against the petitioner. By challenging the impugned order passed by the learned Magistrate dismissing the application of the petitioner Under section 197 of Criminal Procedure Code learned counsel for the petitioner submitted that the case is a stale one of the complaint is dated 5.4.82 regarding the alleged commission of offence Under section 323 of Indian Penal Code, which is very trival offence and no useful purpose will be served after 14 years if the petitioner is asked to trial before the learned Magistrate. Apart from this, the learned Magistrate arred in taking cognizance on the complaint filed by the complainant against the petitioner who was the police Officer and the Public servant. He submits that no sanction was obtained to prosecute the petitioner before filing the complaint, therefore, the learned Magistrate ought not to have taken cognizance on account of the complaint.
(2.) Prime-facie, it appears that the learned Magistrate committed an error in dismissing the application filed Under section 197 of Criminal Procedure Code But I am of the opinion that it is high time that the chapter should be closed by ordering to drop the proceedings pending before the learned Magistrate against that the petitioner accused for offence punishable Under section 323 Indian Penal Code. Because, for the alleged incident of causing simple hurt the complaint was filed by the complainant way back on 5.4.82 i.e. before 14 years. It will be a sheer wastage of time in allowing such proceedings to go on when the trial has not started till today.
(3.) In view of the above this petition is allowed by ordering the criminal proceedings pending before the court of Addl. Judicial Magistrate No. 1 Alwar in Criminal Case No. 987/91 pending against the petitioner for the offence punishable Under section 323 of Indian Penal Code be dropped. Petition Allowed.;