THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.133 OF 2020
JUDGMENT:
This revision is filed by the petitioner challenging the Order dt.08.01.2020, passed in Crl.M.P.No.717 of 2019 in S.T.C.No.211 of 2016 on the file of II Additional Judicial Magistrate of First Class, Mancherial, whereby the application filed by the revision petitioner under Section 197 of Cr.P.C. seeking discharge/acquittal is dismissed.
2. Heard. Perused the record.
3. The facts of the case are that the petitioner who was working as Sub Inspector of Police, Mandamarry, was directed to serve show cause notice to a witness in a case which was pending before the II Additional Judicial Magistrate of First Class, for the offence under Section 304-A of the Indian Penal Code. The said show cause notice was directed to the witness in the case who was cited as LW11 namely U.Venkanna who was Investigating Officer. However, the petitioner allegedly failed to serve notice issued by the Court on to the said witness and accordingly, the learned Magistrate issued show cause notice to the petitioner. The petitioner replied that he was unable to serve notice on the witness 2 U.Venkanna for the reason of his deployment on 'bandobast' duty. For the reason of non-service of show cause, the present complaint was filed by the Chief Ministerial Officer of the Principal Junior Civil Judge's Court, Mancherial. The said complaint was taken on file as STC.No.211/2016 under Section 200 of Cr.P.C. by the II Additional Judicial Magistrate of First Class for the offence under Section 166 of the Indian Penal Code and the petitioner was summoned.
4. The petitioner filed an application seeking discharge on the ground that as per Section 197 of Cr.P.C. sanction was not obtained to prosecute the petitioner. The said discharge petition was dismissed by the II Additional Judicial Magistrate of First Class on the ground that there is no provision for discharging in a summons case and the option left open to the petitioner would be to file an application under Section 482 of Cr.P.C.
5. To attract an offence under Section 166 of the Indian Penal Code, a public servant who deliberately disobeys any direction of a Court having knowledge that such disobedience would cause injury to any person, shall be punishable.
6. In the present case, the notice which was to be served on a witness namely U.Venkanna in a case pending before the said 3 Court was not served by this petitioner who was the Station House Officer of Mandamarry Police Station. In the event of the witness not appearing before the said Court, the learned Magistrate ought to have resorted to issuance of bailable or non-bailable warrants for the purpose of seeking appearance of the witness. However, the learned Magistrate deemed it appropriate to serve notice on the witness.
7. Admitting that the petitioner had not served notice on to the witness, it will not amount to causing injury to any person by such non-service of notice. The essential ingredient of Section 166 of the Indian Penal Code is that there should be deliberate disobedience of orders of a Court and such disobedience should have caused injury. In the present case the non-service of notice on to the witness, it cannot be said that any person is injured in the process. Though, there would be a delay in the trial, the learned Magistrate as stated above ought to have resorted to issuance of bailable or non-bailable warrants. Service of summons to the witness is in discharge of official duties of the petitioner.
8. However, since none of the ingredients of Section 166 of the Indian Penal Code are made out in the present facts of the case, 4 this Court deems it appropriate to quash the impugned order and the proceedings.
9. Accordingly, the Criminal Revision Case is allowed and the order dt.08.01.2020, passed in Crl.M.P.No.717 of 2019 in S.T.C.No.211 of 2016 on the file of II Additional Judicial Magistrate of First Class, Mancherial, is hereby set aside. The proceedings in STC.No.211 of 2016 on the file of II Additional Judicial Magistrate of First Class, Mancherial, are quashed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Dt.:15.03.2023 tk 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.133 OF 2020 Dt. 15.03.2022 tk