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Judgment
Honourable Mr.Justice KS Jhaveri
This petition has been preferred to quash and set aside the judgment and order passed by the learned Judicial Magistrate First Class, Jasdan below under Exhibit-1 in Criminal Case No. 446 of 2001, discharging the respondent Nos. 1 and 2.
2.The facts in brief are that the petitioner was called to the police station by respondent Nos.1 and 2 on 29.07.2001 for questioning in regard with the disappearance of stock of ''jeeru'' belonging to the Leelapur Seva Sahakari Mandali, before 7 years.
It is the case of the Petitioner that upon calling by the Respondents, when Petitioner went there and denied any knowledge in that regard, he was severely beaten up and due to such physical assault by the Respondents, he had to be hospitalized at Rajkot Civil Hospital.Therefore, he filed a criminal complaint being Criminal Case No. 466 of 2001 in the Court of learned Judicial Magistrate First Class, Jasdan. In the said Criminal Case, the Respondents preferred the application Exhibit-28, praying for discharge. The said application came to be allowed by impugned order whereby, the trial Court has discharged the Respondents on the ground that sanction as required u/s 197 of Criminal Procedure Code, 1973 was not obtained.
The main contention raised on behalf of the Petitioneris that the Petitioner was in no way connected with disappearance of the stock of ''Jeera'', which had disappeared before about 7 years. However, he was called to the Police Station and badly beaten-up by the respondents. Learned advocate for the Petitioner further submitted that the Petitioner had produced documentary evidence regarding the treatment undergone by him in Civil Hospital, Rajkot, but, without appreciating it, the trial Court discharged the respondents.
Heard Learned Counsel for the parties and perused the documents on record. After considering the documents on record, the trial Court found that no sanction, as required u/s 197 of the Criminal Procedure Code, 1973, was obtained before initiating prosecution against the Respondents. It is well settled that when any Public Servant is accused of any offence, alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court can take cognizance of such offence,except with the previous sanction from the appropriate Government. In this case, admittedly, no sanction has been obtained as required u/s 197 of the Code of Criminal Procedure. I am in complete agreement with the reasonings given by the trial Court while discharging the respondents from the alleged offence. Hence, only on this ground, this petition cannot be sustained and deserves to be quashed.
For the foregoing reasons, the petition is dismissed. Rule is discharged.