4 . From the submission of learned counsel for the petitioner as well as APP and on perusal of documents on record, I find that this petitioner had visited at the place complainant to arrest one Gorelal Yadav, the full brother of complainant in connection with Belchhi P.S.Case No.177 of 1996 registered for the offence under Sections 25(1-B), A, 26, 35 of the Arms Act and 414/34 of the IPC pending in the Court of Additional Sessions Judge, Barh. The said Gorelal Yadav was also an accused in Belchhi P.S.Case no.36 of 2012 under Section 454 and 380 of the IPC. The petitioner is informant of the said case and after investigation chargesheet was submitted against said Gorelal Yadav. The petitioner claims that he had acted bonafide in discharged of his official duty. The complainant had leveled the allegation of abusing and assault only to harass the petitioner as he while discharging official duty had conducted raid at the house of Opposite Party No.2 wherein her brother-in-law Gorelal Yadav was also residing. There is nothing on record to show that any sanction was granted for prosecuting the petitioner under the provision of Section 197 of the Cr.P.C. In such circumstance cognizance for the offence under Section 504 of the IPC against the petitioner appears to be abuse of process of the Court.
