TMI Blog1987 (10) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ecause it found no merit in the same. 2. The petitioner, herein alongwith 14 more persons were charged by an order dated 30th of May, 1986 under Sections 148/302/149/325/149 and under Sections 323/149 of the I.P.C. for allegedly causing death of one Ajit Singh and for causing hurt to Smt. Gurmej Kaur, the complainant. The case was committed to the Court of Sessions by the Judicial Magistrate 1st Class, Kapurthala vide order dated 20.2.1985. As per the case set up by the complainant Smt. Gujmej Kaiu, her son Ajit Singh since deceased was involved in a murder case pertaining to the murder of head constable Bagga Singh of Police Station Dhalwan. That case was registered in police station Bhogpur, District Jalandhar and Ajit Singh was tried ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrounded by the police officials and Manjit Singh and Ajit Singh protested against this. Then Bakshish Singh accused, petitioner, directed his companions to arrest Ajit Singh and Manjit Singh and tie them with ropes and put them in the truck for the purpose of throwing them in the river Beas. It was further alleged that Manjit Singh and Ajit Singh ran to save themselves but they were attacked by the police officials. The complainant also received injuries in the course of this occurrence when she was given dang blows. Ajit Singh and Manjit Singh were given blows by the police officials on the asking of the appellant herein Bakhshish Singh Brar, who is the Deputy Superintendent of Police. A hue and cry was raised. Other persons came, Ajit Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t seeing the police party, Jasbir Singh fired at Ajit Singh, who saved himself by hiding himself behind a wall. The other persons armed with dangs and dope attacked the police party. 4. There are rival versions involved in this case. The question was whether without the sanction under Section 197 of the CrPC the proceedings could go on. It is quite apparent that as a result of the alleged search and raid, which was conducted by the petitioner in discharge of his official duties certain injuries, which are described as grievous, injuries had been inflicted on the complainant and one of the alleged offenders had died. In this case, admittedly, the petitioner is a Government servant. Admittedly, there was no sanction under Section 197 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint against his superior officer, in the Postal Department under Sections 323 and 502 of I.P.C. alleging that when the appellant went with a certain complaint to the second respondent, the said respondent kicked him in his abdomen and abused him by saying Sale, gunde, badmash .... The said respondent filed an application under Section 197 of the Cr. P.C. praying that the Court should not take cognizance of the offence without the sanction of the Government, as required by Section 197 of the Cr. P.C. It was further contended that the alleged acts, if at all done by the accused were done while discharging his duties as a public servant. The trial Magistrate dismissed the application. The High Court allowed the revision application of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a police officer was it necessary for the petitioner to conduct himself in such a manner which would result in such consequences. It is necessary to protect the public servant in the discharge of their duties. They must be made immune from being harassed in criminal proceedings and prosecution, that is the rationale behind Section 196 and Section 197 of the Cr. P.C. But it is equally important to emphasise that rights of the citizens should be protected and no excesses should be permitted. Encounter death has become too common. In the facts and circumstance of each case protection of public officers and public servants functioning in discharge of official duties and protection of private citizens have to be balanced by finding out a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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