Dr. Markanday Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5324 of 2015 Arising Out of PS.Case No. -909 Year- 2011 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== 1.

Dr.

Markanday Rai Son of Sri Achal Bihari Rai Civil Asst.Surgeon,Primary Health Centre,Riga,P.S-Riga,Distt.-Sitamarhi .... .... Petitioner/s

Versus

1. Then State of Bihar

2. Nishi Kumari D/O Sri Indal Singh Resident of vill-Barahi,P.S-Riga DisttSitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sri Sunil Kumar Singh For the Opposite Party/s : Mr. J.Upadhyay(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-12-2017 Heard learned Counsel for the petitioner as well as the learned Counsel for the State.

The petitioner seeks quashing of the order dated 4.8.2014 passed in Complaint Case No. 909 of 2011 by the Judicial Magistrate, lst Class, Sitamarhi, thereby taking cognizance of the offence under Sections 323 and 504 read with Section 34 of the IPC and issuing summons to the petitioner to stand the trial. The brief fact giving rise to the case is that while the complainant was giving food to her father and brother, then all of a sudden accused Nos. 1 to 3 entered into her house and started abusing and assaulting her father and brother and one of them assaulted the complainant also causing injury to her. She went to the Primary Health Centre for treatment. She asked for issuing injury report to the

Patna High Court Cr.Misc. No.5324 of 2015 (4) dt.04-12-2017 petitioner who was posted as Medical Officer at the Primary Health Centre, but he abused and made demand of Fifty thousand rupees and pushed her out of his clinic.

Learned Counsel for the petitioner submits that the petitioner was a Medical Officer at Primary Health Centre,Riga and injury report is only issued on the requisition of the Police but there was no such police requisition. The petitioner being a government servant has been made accused and cognizance has been taken without getting sanction under Section 197 of the Code of Criminal Procedure, which is mandatory in case of a public servant being made accused. Having considered the rival submission and on perusal of the record the Court finds that the petitioner is a public servant and at the relevant point of time posted as a Medical Officer at the Primary Health Centre and no sanction was obtained prior to taking cognizance against him which is mandatory under Section 197 Cr.P.C. as made accused for the offence alleged to have been committed while purporting to act in the discharge of his official duty as Medical Officer. So the entire criminal proceeding against the petitioner inclusive of the cognizance order dated 4.8.2014 in Complaint Case No. 909 of 2011 is hereby quashed.

The application stands allowed.

Snkumar/- (Arun Kumar, J.) U