P.C claiming that the Station House Officer Kotwali Guna for allegedly committed offence under Section 323, 294 of IPC.That crime was being investigated by Head Constable Satish Singh Raghuvanshi.5 M.Cr.By this application under Section 482 of Cr.P.C, 1973, the petitioner wants to seek the relief for setting aside the order dated 16.5.2013 passed by the learned 1st A.S.J, Guna in Cr.Revision No.74/2013, by which the learned A.S.J., has allowed the revision and directed the Trial Court that if the complainant (present petitioner) files an application under Section 197 Cr.P.C, direct the complainant (present petitioner) that he can prosecute the complainant only after obtaining a valid sanction for prosecution against the proposed accused person (Non-petitioner No.3 Sukhlal).2 M.Cr.C. No. 5114/2013The petitioner Sandeep Kushwah went to Police Station, who was manhandled by the non-petitioner No.3, Sukhlal, SHO of Police Station, Kotwali Guna.It is alleged that he abused him and on the basis of this complaint, the learned JMFC registered a case under Section 294, 323 of IPC against non-petitioner No.3 Sukhlal.Aggrieved by this the non-petitioner No.3 filed Cr.Revision No. 74/2013, which was decided by the impugned order dated 16.5.2013 by the learned 1st ASJ, Guna.On perusal of order dated 3 M.Cr.C. No. 5114/2013 16.5.2013, it is evident that criminal case was registered against the present petitioner (Sandeep Kushwah), that was being investigated by Head Constable Satish Singh Raghuvanshi.According to non-petitioner the complainant insisted to be released on bail from the police station in the non- bailable offence registered against him.He also tried to flee from the police station.At that time DSP was also present in the police station.3 M.Cr.C. No. 5114/2013The learned Revisional Court held that the Station House Officer was on official duty and the complaint was filed without any valid sanction.S.197 (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with th sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall 4 M.Cr.C. No. 5114/2013 take cognizance of such offence except with the previous sanction-4 M.Cr.C. No. 5114/2013C. No. 5114/2013**(3-A) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued 6 M.Cr.C. No. 5114/2013 under Clause (1) of Article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.6 M.Cr.C. No. 5114/20137 M.Cr.C. No. 5114/2013It is argued by the learned counsel for the petitioner that proposed accused / non-applicant No.3 was not on official duty at the time of incident.The incident took place in the police station as per allegation.Non -applicant No.3 is the Station House Officer.The complainant contended that he was not on duty.But the petitioner had come up with the document to show that the non-applicant No.3 was not on duty at that time.P.C, the Magistrate has to apply his mind, which should be reflected in his order that a detail expression of his view neither required nor warranted.At the same time, if sanction is required under the provisions investigation under Section 156 (3) of Cr.P.C cannot be ordered without previous sanction.8 M.Cr.C. No. 5114/2013The purpose of obtaining sanction is to see that the public servant be not unnecessarily harassed on a complaint, failing which it would not be possible for public servant to discharge his duty without fear and favour.P.C as has been held Anil Kumar and others (supra).In Baijnath VS.State of Madhya Pradesh (AIR 1966220),Hari Ram Singh Vs.Emperor (AIR 1939 FC 43) R.R. Chari Vs.The State of U.P. (AIR 9 M.Cr.9 M.Cr.C. No. 5114/2013

Sections cited: Section 323 in The Indian Penal Code, Section 294 in The Indian Penal Code, Section 457 in The Indian Penal Code, Section 156 in The Indian Penal Code, Section 427 in The Indian Penal Code