IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 228 of 2007 Virmo Devi W/o Maan Singh R/o Nandpur, Post Office Chilkiya Police Station Ramnagar, District Nainital. ...…………. Revisionist Versus 1. State of Uttarakhand 2. Judicial Magistrate Ramnagar District Nainital. 3. Sub-Inspector Sri Shyam Lal Viswakarma P.S. Ramnagar, District Nainital. 4. Sub-Inspector Ashok Sharma presently posted at P.S. Ramnagar District Nainital. 5. Constable 493 Mohammad Azam presently posted at P.S. Ramnagar District Nainital. 6. Lady Constable 215 Saraswati Kothari presently posted at P.S. Ramnagar District Nainital. 7. Pooran Singh (Driver) Vehicle No. U.P. 22 C / 6551 (Jeep) presently posted at P.S. Ramnagar District Nainital. ...…………. Respondents Ms. Anjali Noliyal, Advocate for the revisionist. Mr. M.A. Khan, Brief Holder for respondent State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2 2) This revision is directed against the order dated 22.09.2007, passed by the Judicial Magistrate, Ramnagar, in Criminal Complaint Case No. 558 of 2007, Virmo Devi Vs. Ashok Sharma and others, by which said court has dismissed the criminal compliant under Section 203 of Code of Criminal Procedure, 1973 (for short hereinafter referred as Cr.P.C.). 3) Brief facts of the case are that complainant / revisionist has filed a criminal complaint against the police officials that on 27.05.2007, they entered in the house of the complainant, dragged her husband and also beaten the complainant and her daughter. The trial court recorded the statement of the complainant under Section 200 of Cr.P.C., in which she did not name any particular police personnel. The Magistrate further made enquires and found that the police officials had gone to the house of the complainant in connection with investigation of Crime No. 1202 of 2007, registered against Maan Singh (husband of the complainant). On enquiry, it was found by the Magistrate that the police officials were locked inside by the complainant and her family members, and a dog was left at them, who had bitten the Investigating Officer Ashok Sharma (respondent No. 4). On this members of public who saw the incident, helped the police officials come out of the house where after, police registered Crime No. 1203 of 2007, against the complainant’s husband relating to offences punishable under Section 332, 353, 326, 342 and 333 of I.P.C., at police station Ramnagar. 3 4) In the above circumstances, the trial court did not find it a fit case to summon the accused / respondents No. 3 to 7, and dismissed the complaint under Section 203 of Cr.P.C. 5) Having considered submissions of learned counsel for the revisionist and learned counsel for the State, and after going through the papers on record, this Court finds that otherwise also the criminal complaint was not maintainable, as without there being sanction as required under Section 197 of the Code of Criminal Procedure, 1973, the court could not have proceeded further. 6) For the reasons as discussed above, this revision has no force, and the same is liable to be dismissed. The revision is dismissed summarily. (Prafulla C. Pant, J.) Dt. May 10, 2010. H. Negi