IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32990 of 2007 LAKSHMI NARAYAN GUPTA Versus STATE OF BIHAR 8 13.10.2009 KHAN The instant application is directed against the order dated 30.4.2007 passed by the Judicial Magistrate Ist Class, Biharsharif, Naland in Harnaut P.S. Case No. 134 of 1992 registered under sections 302/34 of the Penal Code. Learned counsel for the petitioner submits that the deceased was killed in encounter and in support of his contention he refers to Annexure-1. He further submits that in course of investigation the complicity of the petitioner has been doubted and more so the cognizance is bad on account of non-availability of sanction. Section 197 Cr.P.C. protects the public servant form being prosecuted if he commits an act in the discharge of his official duty. The allegation in the F.I.R. is that while his son was going in front of Ranchi Road near Murhari village the police killed the informant’s son by opening fire. The case of the petitioner is that the deceased was killed in an encounter while he was firing in course of commission of offence. The matter whether the petitioner killed the deceased in discharge of his official duty or whether he killed him without any rhyme or reason, as alleged by the informant, would be seen in course of trial and as such I do not find any force in the submission of learned counsel for the petitioner. This application is accordingly dismissed. (S.P.Singh,J) - 2 -