Madhya Pradesh High Court
Dr. D.P. Gujar vs Shri R.P. Soni on 21 October, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 MCRC-17304-2021
The High Court Of Madhya Pradesh
MCRC-17304-2021
(DR. D.P. GUJAR Vs SHRI R.P. SONI AND OTHERS)
Jabalpur, Dated : 21-10-2021
Shri Rajendra Kumar Gupta, learned counsel for the petitioner.
Present petition has been filed by the petitioner under Section 482 of the
Code of Criminal Procedure, 1973 seeking quashing of the order dated 5.2.2021
passed by learned 19th Additional Sessions Judge, Jabalpur in Criminal Revision
No.3/2020 whereby learned 19th Additional Sessions Judge has upheld the order
dated 28.11.2019 passed by the Judicial Magistrate First Class, Jabalpur in UNCR
No.1121/2019.
Brief facts leading to the present case are that the petitioner had filed a
complaint under Section 200 of the Code of Criminal Procedure for the offences
under Sections 120B, 167, 172, 177, 178, 182, 191, 192, 196, 201, 203, 219, 464,
465, 471 read with Section 34 of the Indian Penal Code alleging that the respondent
Nos.1 and 2 did not serve the summons on the accused persons in a deliberate and willful manner thus colluding with them in a criminal conspiracy whereas the summons issued have been served by other police stations for the same set of accused persons.
This compliant as was filed by the petitioner was dismissed by the learned Judicial Magistrate First Class, Jabalpur vide order dated 28.11.2019 on the ground that the main allegation is against the accused Nos.1 and 2 respectively i.e. Police-In- Charge, Panagar and another employee of the Police Station namely Dharmraj Singh Baghel and the allegation against them is that in collusion with the other accused persons, they prepared forged and fabricated Farari Panchnama but it has come on record that the said public servants, namely, Station House Officer of Police Station Panagar and Dharmraj Singh Baghel prepared the said Panchnama in discharge of their official duties and, therefore, it held that since prima facie no offence is said to have been committed especially when the concerned Judicial Magistrate First Class had drawn appropriate proceedings in the main case thus no prima facie case is made out and dismissed the complaint.
Being aggrieved by the said order, the present petitioner had filed a Criminal Revision under Section 397 read with Section 399 of the Code of Criminal Procedure which too has been dismissed by the learned 19th Additional Sessions Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2021.10.23 18:56:42 IST 2 MCRC-17304-2021 Judge, Jabalpur clearly mentioning that the accused Nos.1 and 2 were working as Police Officials and had prepared Panchnama in discharge of their official duties, therefore, without there being any competent sanction under Section 197 of the Code of Criminal Procedure, no action could have been taken against them and the Court was precluded from taking cognizance against the said accused persons. It has also come on record that since all the other allegations on other accused persons are consequential and dependent on the proof of guilt of the accused Nos.1 and 2 for whom as mentioned above the sanction from the competent authority was not taken, the revision was dismissed.
Now in this petition under Section 482 of the Code of Criminal Procedure, petitioner has assailed the impugned orders but has not been able to demonstrate that how the accused Nos.1 and 2, who are the Police Officials, could have been prosecuted without there being a competent sanction under Section 197 of the Code of Criminal Procedure. There is no material on record to substantiate the allegation of preparation of the forged Farari Panchnama and, therefore, I am of the opinion that the impugned orders when tested on the aspect of propriety and justness then they cannot be faulted with. There is no error in the impugned orders or any material illegality calling for any interference in extraordinary jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure.
Petition fails and is dismissed.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2021.10.23 18:56:42 IST