No sanction required to prosecute for inflict injuries on colleague public servant

Court set-aside discharge of XEN

10/02/2024

Jammu, Feb 9: Additional Sessions Judge Doda Amarjeet Singh Langeh while set-aside the order of discharge of XEN who attacked on AEE, holds that, no sanction was required to prosecute Respondent for offences alleged.
Respondent herein and complainant in the case Sh. Doulat Ram are colleagues working in Jammu Power Distribution Corpo-ration Limited, Dodaas Executive Engineer and Assistant Executive Engineer respectively. On 07-01-2022 at around 1:00 pm they were discussing some official matter in the office chamber of respondent at Sub-division Doda. In the course of official deliberation, Tasaduq Hussain allegedly started shouting at complainant AEE and picked up a wooden rod which he used to keep in his office chamber often-ly and assaulted the complainant with the same on his head with an (alleged) intention to kill him. Complainant AEE received injury and his left ear began to bleed. For this alleged use of criminal force & wrongful confinement in the room, complainant AEE lodged complaint with Police Station, Doda where F.I.R No. 06/2022 for offences under sections 357, 323 & 506 of IPC was registered and investigation started. Complainant also asserted in the complaint that he was saved from clutches of respondent by field-staff of the office. On the completion of investigation, respondent was found involved in the commission of offences aforesaid and chargesheet was accordingly presented before the Court of Chief Judicial Magistrate, Doda.
Additional Sessions Judge Doda Amarjeet Singh Langeh after hearing both the sides, observed that complainant in the case F.I.R No. 60/2022 and respondent herein are public servants working in Jammu Power Distribution Corporation Limited at Doda. Deliberations in a meeting allegedly rose the temper and respondent (allegedly) picked up a wooden rod kept in his office, wielded the same and inflicted an injury on the complainant as a result of which ear of complainant started bleeding and episode ended up in registration of F.I.R No. 06/2022 for offences under sections 357, 323 & 506 of IPC against respondent herein. To wield a wooden rod and inflict injuries on a colleague public servant is not a part of official duty of a public servant like respondent herein nor the act alluded to him is integrally connected or inseparably linked with discharge of his official duty. The observation by Ld. Chief Judicial Magistrate that act alluded to respondent has reasonable connection with performance of his official duty and that respondent only exceeded his official duty by inflicting injury on the complainant as aforesaid - is a finding which is not only fallacious but is also based on total mis-interpretation of Section 197 of Cr.P.Cand a wholesome misreading of the judgment of Hon'ble Supreme Court that he has relied upon in the order impugned. This apart, Ld. Magistrate below does not seem to have outlined the rationale which in his estimation brings the act of inflicting injury by respondent upon complainant -- in sync with legislative intent underlined by Section 197 of Cr.P.C. It needs no reiteration that Section 197 of Cr.P.C does not incentivize any berserk public servant who takes law into his hands.
With these observations, Court allowed the revision petition and held that the order impugned is based on flawed understanding/ interpretation of Section 197 of Cr.P.C, total misreading and resultant misapplication of judgment of Hon'ble Supreme Court as referred in order impugned, to facts of the case and same has thus resulted in miscarriage of justice. On facts, no sanction was required to prosecute Respondent for offences alleged. The order impugned is therefore not legal and is thus set aside with direction to Ld. Chief Judicial Magistrate- Doda to proceed ahead in the matter in accordance with mandate of relevant provisions of Code of Criminal Procedure. JNF

Photo Gallery

BSE Sensex

NSE Nifty