Sunil Kumar Baghel vs State of Madhya Pradesh

This petition under Section 482 of the Cr.P.C. has been filed by the petitioner seeking quashment of the order dated 8.3.2010 passed in Criminal Revision No. 74/2009 by learned Additional Session Judge, Panna, affirming the order dated 1.7.2009 passed in Misc. Criminal Case No. 21/07 by learned JMFC, Ajaygarh, Panna, with regard to rejecting the petitioner''s application under Section 197 of Cr.P.C. apart from it further prayer is also made to quash the entire proceeding of the case.

Facts giving rise to this petition are that respondent no. 2 was assaulted by Nathu Lodhi, Babu Lodhi @ Babbu, Piriya Lodhi and Mangal Lodhi and in this regard FIR was lodged by respondent no. 2 at crime no. 2/07 in Police Station Ajaygarh, District Panna, in which, re- spondent no. 2 was examined by the petitioner being Government Doc- tor posted as Assistant Surgeon in the Community Health Centre, Ajay- garh, District Panna and he found cut mark on ear of respondent no. 2 and it is alleged that at that time, the petitioner recorded his opinion that nature of the injury was grievous but later on, with the connivance of the assailants, he changed his MLC report stating that nature of the injury was simple. In this regard, a written complaint was made by re- spondent no.2 before the JMFC Ajaygarh, District Panna who took cog- nizance under Sections 468, 471, 201 and 120-B of IPC against the peti- tioner.

On behalf of the petitioner, an application under Section 197 of Cr.P.c. was filed before the courts bleow stating that he is a Gov- ernment Servant and his service can be removed only by the State Gov- ernment and the alleged act was committed by him as public servant while discharging his duties. Hence, he cannot be prosecuted without obtaining sanction from the State Government but the learned both the courts below have rejected the aforesaid prayer. Hence, this petition has been filed contending that proceeding of the trial court is also re- quired to be quashed on the ground that prima facie no offence is made out.

Having considered the contentions of learned counsel for the parties and on perusal of the record of the trial court it appears that except the allegation against the petitioner with regard to change his earlier MLC report, there is no prima facie material to prosecute the pe- titioner for the alleged act. The petitioner has submitted one photocopy of the MLC report stating that it is earlier MLC report prepared by the petitioner but no source has been declared. In such circumstances, on the basis of photocopy without verifying that whether the same is the photocopy of the report prepared allegedly by the petitioner or not, the prosecution of a Public servant is unwarranted. It appears that the con- cerned Magistrate has not applied his mind and mechanically without considering the consequences of the cognizance of the offence, regis- tered the case which cannot be said to be in accordance with law. In such circumstances, further proceeding on the basis of the complaint cannot be continued as it would amount to misuse of the process of the court.

So far as the provision of Section 197 of Cr.P.C. is con- cerned, looking to the allegation provision does not attract in this case. Therefore, proceeding cannot be quashed on the ground that no sanc- tion has been taken. However, as discussed earlier, prima facie no of- fence is made out against the petitioner. Hence, the proceeding of the concerned case not only against the petitioner but also in this regard against the other accused persons is also quashed.

It is made clear here that the aforesaid order will not af- fect the prosecution of the accused persons in crime No. 2/07 registered at Police Station Ajaygarh, district Panna. Accordingly, this petition is al- lowed.

A copy of this order be sent to the concerned court below for information and necessary action.