2019 (4) TMI 1876

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..... This appeal is directed against the final judgment and order dated 09.08.2017 passed by the High Court of Judicature at Patna in Crl. M. No. 35751 of 2014 whereby the High Court allowed the application filed by respondent No.2 herein under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.) and quashed the order dated 21.01.2014 passed by the Judicial Magistrat....

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....under Sections 323, 341, 379 and 504 IPC. 5. Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its file for being proceeded with on merits in accordance with law. 6. In other words, we are of the view that the High Court was not justif....

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....the complainant against respondent No. 2, who was the Police Officer(SHO) at the relevant time, we are of the view that no prior sanction to prosecute respondent No. 2 under Section 197 of the Cr.P.C. was required for filing such complaint. 10. In other words, it cannot be contended thatrespondent No. 2 committed the alleged offences while acting in discharge of his official duties or while pur....

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.... done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings. 13. In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceede....