Learned counsel, for the applicant, argued that accusedapplicant is an officer in Indian Railways and was performing his official duties, in view of letters previously written to the District Magistrate, Prayagraj, as well as concerned Station Officer of P.S. Naini, Prayagraj, regarding encroachment done over land in question belonging to Indian Railways and performance of official duties. Above act was performed in discharge of official duty for which this F.I.R. was got lodged, wherein a proceeding u/s 482 Cr.P.C. was filed before this court, but as final report was submitted in the above case crime number, hence above proceeding u/s 482 Cr.P.C. was held to be infructuous and was dismissed. Subsequently a protest petition was filed and over this petition, cognizance was taken, but summoning order was not there. Rather the Magistrate opined for proceeding as a complaint case, thereby recorded statements of complainant u/s 200 Cr.P.C. and of his two witnesses u/s 202 Cr.P.C. Then after by a cryptic order, without applying judicial mind, passed the impugned order of summoning, for which, there required a sanction, as per section 197 Cr.P.C. This was abuse of process of law and no Public officer will perform his official duty because of such threat being given by Land Mafias and others. Hence this application with above prayer.
