Allowed

Awdhesh Sharma v. State of Up and Another

Allahabad HC10 Sept 2024CRLA/1538/2024

Case brief

AI extract

What is this about?

The appellant challenged a summoning order passed against him as a government servant. The High Court set aside the order, holding it invalid due to the non-obtainment of statutory sanction under Section 197 Cr.P.C required for government servants performing official duties. The case was remitted for compliance.

What did the court decide?

Impugned summoning order dated 26.10.2023 set aside; case remitted to Special Judge for strict compliance of Section 197 Cr.P.C.

Awdhesh Sharma vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:148437

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1538 of 2024

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Appellant :- Awdhesh Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Dinesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Dinesh Kumar Singh, learned counsel for appellant and learned AGA for the State.

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However, the notices have already been served upon opposite party no. 2 but till today, none appeared either in person or through counsel.

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Present appeal has been preferred with a prayer to set aside the impugned summoning order dated 26.10.2023 passed by Special Judge (SC/ST) (POA) Act, Sonbhadra in Complaint no. 78 of 2022 (Rajendra vs. Arun Pal and another) based on complaint dated 25.11.2022 under sections 323, 504 IPC & Section 3(2)(va), of SC/ST Act, 1989, Police Station - Robertsganj, District Sonbhadra. It is further prayed to stay the further proceedings of Case no. 78 of 2022 (Rajendra vs. Arun Pal and another) including the summoning order dated 26.10.2023.

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The instant appeal has been preferred for challenging the order dated 26.10.2023 through which appellant has been summoned in pursuance to Section 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, 1989 in Complaint Case no. 78 of 2022 (Rajendra vs. Arun Pal and another).

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Learned counsel for appellant while challenging the order dated 26.10.2023 submitted that it is undisputed that the appellant was discharging his duties and the incident narrated in the complaint is confined to the time when appellant was in duty at around 10:00 A.M on dated 25.09.2022. Once the matter has been taken up by learned court of Special Judge, SC/ST Act, Sonbhadra over the complaint preferred at the behest of opposite party no. 2 the same has been culminated into order dated 26.10.2023. As per the conscious judicious application of mind for summoning the appellant in pursuance to sections 323, 504, 506 of IPC and 3(2)

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(va) of SC/ST Act, 1989, it was mandatory on the party of learned concerned court for strict compliance of Section 197 of Cr.P.C through which the appellant is protected being the Government servant rendering his services in the Department of Electricity, Purvanchal Vidyut Vitran Nigam Limited which is Corporation incorporated under the statute framed by legislation as undertaking of State Government of U.P and definition of State under Article 12 of the Constitution of India covers all local or other authority within territory of India which covers the corporation also.

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Learned counsel for the appellant submitted that at the stage of taking cognizance of offence by way of summoning the appellant it was mandatory on the part of learned court concerned to have the sanction accorded by the competent authority of the department wherein the appellant was rendering his services since the entire allegation whatsoever has been put forward regarding the appellant is of the time when the appellant was discharging his duties.

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Per contra, learned AGA however vehemently opposed the prayer as made in the appeal but did not disputed the provisions of Section 197 Cr.P.C read with Article 12 of the Constitution of India which provides the protection of Section 197 Cr.P.C in favour of the appellant also. It is also submitted on the basis of the instructions that no other criminal matter is pending or ever initiated against the appellant.

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In view of the aforementioned facts and circumstances, it is apparent from the records as well as order dated 26.10.2023 which impugned the present appeal that before summoning the appellant no sanction has been sought, accorded by the competent authority of the department for initiation of the prosecution against the appellant and as such order dated 26.10.2023 is hereby set aside. Matter is remitted back to learned court of Special Judge, SC/ST Act, Sonbhadra for proceeding with Complaint Case no. 78 of 2022 only after strict compliance of Section 197 Cr.P.C specifically against the appellant.

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The instant appeal stands allowed accordingly.

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Order Date :- 10.9.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Awdhesh Sharma v. State of Up and Another

Case brief

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Awdhesh Sharma v. State of Up and Another

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