V. B. GUPTA, J. ( 1 ) THE present petition has been filed under Section 482 Crpc read with article 227 of Constitution of India for setting aside the order dated 18th july, 2007, passed by the ASJ, Delhi, vide which the revision petition filed by the petitioner against the dismissal order dated 26th April, 2007, passed by the metropolitan Magistrate, as the Magistrate has dismissed the complaint filed by the petitioner on the ground of non-obtaining of sanction, as required under section 197 Crpc. ( 2 ) THE petitioner filed a complaint under Section 200 Crpc read with section 324 IPC against respondents 2 and 3 herein on the allegation that these respondents, who are police officials and were posted at P. S. Mukerjee Nagar at the relevant time, have arrested the petitioner on 3rd December, 2001 and kept him in lock up for about 18 hours on false allegations that complaint of quarreling had been received in the Police Station at 100 number. A false kalandara under Section 107/151 was registered against the petitioner and was tried by Special Executive Magistrate who ultimately discharged him vide order dated 15th June, 2002. The petitioner has alleged that the respondents have acted arbitrarily and in whimsical manner by arresting him and by keeping him in the lock up for about 18 hours despite the fact that he expressed his willingness to produce good surety. The petitioner was defamed by the respondents due to this arrest and respondents have misused their official power with the ulterior motive and mala fide purpose and accordingly he filed the complaint before the Magistrate. ( 3 ) THE Magistrate after recording the evidence held that since sanction under Section 197 Crpc read with Section 140 of the Delhi Police Act has not been obtained against the respondents, the complaint filed by the petitioner is not maintainable and he dismissed the complaint. ( 4 ) BEING dissatisfied, the petitioner filed the revision petition before the Court of Sessions and the ASJ vide impugned order dated 18th July, 2007 dismissed the revision petition.
( 4 ) BEING dissatisfied, the petitioner filed the revision petition before the Court of Sessions and the ASJ vide impugned order dated 18th July, 2007 dismissed the revision petition. ( 5 ) IT has been contended by learned counsel for the petitioner that there was no need at all for initiating proceedings under Section 107/151 Crpc against the petitioner as no injury was caused to any one and both the respondents with mala fide intention implicated the petitioner in the false case and the police officials deliberately went beyond the limit of their official duties and as such no sanction under Section 197 Crpc is required. ( 6 ) IT is not the case of the petitioner that the respondents 2 and 3, who are the police officials, had reached at the place of incident on their own. On the other hand, the petitioner in the complaint filed before the Magistrate himself has mentioned that the incident had taken place on 3rd December, 2001 at about 3. 30 p. m. and one Tarsem Singh had telephoned at 100 number that there was some quarrel between the petitioner and one Balwant Singh. So it is, therefore, apparent from the averments made by the petitioner himself in his complaint that both the respondents who are police officials had acted only after receiving the information of quarrel between the petitioner and the other parties and have initiated proceedings under Section 107/151 Crpc. There is nothing on record to show that under these circumstances the respondents had misused their power under the law in any manner. ( 7 ) SECTION 197 Crpc protects a Government servant from any legal action against an act done by him in discharge of his official duties. Here both the respondents, being police officials, visited the said site only after the receipt of information about quarrel on telephone and as such it cannot be said that they had abused or misused their power under the law. ( 8 ) THE initiation of proceedings under Section 107/151 Crpc was done by them in the discharge of their official duties and as such sanction under section 197 Crpc is required and the same has been rightly held so by both the courts below.
( 8 ) THE initiation of proceedings under Section 107/151 Crpc was done by them in the discharge of their official duties and as such sanction under section 197 Crpc is required and the same has been rightly held so by both the courts below. ( 9 ) UNDER these circumstances, there is no occasion for this Court to exercise power under Section 482 Crpc or Article 227 of the Constitution of india, as there is no infirmity or illegality in the orders passed by the courts below and the present petition is not maintainable and the same is hereby dismissed.