Nageshwar Prasad vs State of Bihar & Anr

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 26.04.2013 passed by the learned

Judicial Magistrate, 1st Class, Biharsharif, Nalnda, in Complaint Case No. 1539(C) of 2009 by which the learned Magistrate after holding enquiry has

found prima facie case against the petitioner and another accused person for the offences under Sections 323, 504 and 406/34 of the Indian Penal

Code.

Heard learned counsel for the petitioner and learned counsel for the State.

Notice issued to the opposite party No. 2 was validly served but he did not appear.

Learned counsel for the petitioner has submitted that petitioner being the Block Supply Officer seized the articles in the official capacity. By

impugned order cognizance has been taken by the court below without necessary sanction available on record under Section 197 Cr. P.C.

In the complaint petition filed by the complainant it is alleged that on 15.05.2009 the vehicle of the complainant was caught by the petitioner along

with the ASI from which stolen food grains were being carried. The complainant has alleged that Rs.20/-per bag was demanded by ASI as bribe for

releasing those food grains and Rs.1,000/- was demanded by the petitioner for releasing the food grains in question.

From allegation in the complaint petition itself it is apparent that petitioner has seized the food grains in the official capacity while discharging the

duty of a Government servant posted as Block Supply Officer. The legal remedy is available to the complainant to file necessary petition for release of

the food grains if those food grains were not stolen food grains as alleged by the complainant. It is also apparent from the impugned order that there

was no sanction under Section 197 Cr. P.C. to prosecute the petitioner who is Government servant.

Therefore, the impugned order passed by the court below is not in accordance with law.

Accordingly, the impugned order dated 26.04.2013 passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalnda, along with the entire

Criminal Proceeding in connection with Complaint Case No. 1539(C) of 2009, is hereby quashed.

This Criminal Miscellaneous application is accordingly allowed.