G. Satish vs The State Of Telangana And Another
2023 Latest Caselaw 1250 Tel

         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

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

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,

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

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No.133 OF 2020

Dt. 15.03.2022

tk