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2022 DIGILAW 766 (HP)

Rajat Kumar v. State of Himachal Pradesh

2022-11-29

VIVEK SINGH THAKUR

body2022
JUDGMENT : VIVEK SINGH THAKUR, J. 1. Petitioner has approached this Court against order dated 14.7.2020 passed by Judicial Magistrate First Class, Court No. 2, Amb, District Una, H.P. in Case No. 102-1-2020, titled Rajat Kumar vs. Sushil Kumar and Others, whereby application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure (for short Cr.P.C.) for registration of FIR against respondents has been dismissed for want of sanction under Section 197 Cr.P.C. on the ground that respondents No. 3 and 4 (respondents No. 2 and 3 before the Magistrate) are Government servants and for taking cognizance of a criminal offence committed by them during discharge of their official duty, there shall be requirement of sanction under Section 197 Cr.P.C. 2. Section 156(3) Cr.P.C. empowers any Magistrate, empowered under Section 190 of Cr.P.C. to order such an investigation as provided under sub-section (1) and (2) of Section 156, which provides that any Officer Incharge of Police Station may, without the order of the Magistrate, investigate any cognizable case, which a Court having jurisdiction over the local area, within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. 3. Passing of an order directing the Police to investigate the matter does not amount to taking cognizance of a criminal case for commission of offence by the person against whom application has been filed. Whether any offence has been committed or not shall be subject matter of investigation and, therefore, at the stage of directing the Police to investigate the matter provisions of Section 197 of Cr.P.C. shall not be attracted. 4. In view of above, I find that the Magistrate has committed a mistake by dismissing the application under Section 156(3) Cr.P.C. for want of sanction for prosecution under Section 197 of Cr.P.C. Accordingly, impugned order dated 14.7.2020 is set aside and matter is directed to be restored before the Magistrate to its original position with direction to the Magistrate to proceed further in accordance with law and to decide the application on merits as to whether a case for direction to investigate is made out or not and to pass appropriate order without being influenced by any observations made by this Court herein above. 5. Parties are directed to appear before the Magistrate on 5th January, 2023. 5. Parties are directed to appear before the Magistrate on 5th January, 2023. Registry to transmit copy of this order to the Magistrate for necessary compliance. 6. The parties are permitted to produce copy of order downloaded from the High Court website before the trial Court and trial Court shall not insist for certified copy of the order, however, if required, passing of order can be verified from the High Court website or otherwise. 7. The petition stands disposed of with aforesaid observations, so also pending applications, if any.