Bhura Ram Khileri And Ors vs State Of Rajasthan

Issue notice. Learned Public Prosecutor accepts notice for the respondent State. With the consent of the learned counsel for the parties, the matter is

heard finally today itself. Heard learned counsel for the parties. Perused the material on record.

The petitioners were posted as Circle Inspector and Constable respectively at the Police Station Mandalgarh, District Bhilwara. The trial court issued

summons in Criminal Case No.129/2018 which were forwarded to the Police Station Mandalgarh for effecting service on the accused Man Singh, the

person arraigned as accused in the said complaint under Section 138 of the N.I. Act. The summons were returned back with a report of the police

officer concerned that no village by the name of Manpura was existing in the territorial jurisdiction of the Police Station Chhabra, District Baran. The

learned Magistrate, found the said report to be false and fraudulent and thereupon, cognizance was taken against the petitioners for the offences under

Sections 166, 167 and 219 of the IPC.

Learned counsel representing the petitioners has placed on record a factual report of the SHO, Police Station Chhabra dated 21.04.2019 alongwith the

misc. petition wherein, it is clearly verified that the village Manpura does not fall within the territorial jurisdiction of the Police Station Chhabra, District

Baran. Otherwise also, I am of the opinion that since the petitioners were acting in the discharge of their official duties while following service of the

summons, their prosecution was not permissible without seeking sanction from the Government.

Accordingly, in the considered opinion of this Court, the impugned order cannot be sustained as the same amounts to a gross abuse of process of law.

The trial court seems to have acted with undue haste and without ascertaining the complete facts leading to registration of the absolutely unwarranted

and absurd complaint. Thus, the impugned order 11.04.2019 passed by the learned Additional Chief Judicial Magistrate, Mandalgarh, District Bhilwara

is hereby quashed and set aside.

The misc. petition is allowed in these terms. Stay application is disposed of.

A copy of this order be placed before the Hon’ble Inspecting Judge of District Bhilwara for consideration.