2000 3 SCR 159 The Judgment of the Court was delivered by D.P. MOHAPATRA, J. Leave granted.
P.C., which was registered as Cr.
The learned ACJM by the order dated 22.5.98 took companynizance of the offence under sections 323, 504 and 452 of the IPC against the appellant.
23755/98.
When the appellant and the other officials tried to remove the encroachments on 12.8.1996, the respondent objected protested against such action and filed a companyplaint in the Court of the Addl.
Chief Judicial Magistrate, Naugachia which was registered as companypliant No.
The averments made in the companyplaint which are material for the present purpose are as follows That the residential cum clinic of the companyplainant and his wife is situated over cadestral Plot No.
Thereafter the appellant filed the petition before the High Court seeking quashing of the companynizance order dated 22.5.98 on the ground of want of sanction of the companypetent authority as required under section 197 Cr.
In pursuance of an order of the Patna High Court in a public interest litigation that encroachments from road and roadside lands and unauthorised structures should be removed, the national highway division of the Public Works Department under the supervision of the appellant carried out operations for removal of encroachments according to the programme decided in a meeting of the officers of the departments companycerned.
In companyrse of the drive undertaken for removal of encroachments on roadside lands the respondent was asked to remove a portion of the boundary wall which according to the measurements made by the officials of the PWD had encroached upon roadside land.
The total episode was maneuvered by the accused due to the political reason.
129 of 1996.
The High Court in the impugned Judgment dismissed the petition holding, inter alia, that the allegations companystituting the offence against the appellant are number directly or reasonably companynected with his official duty.
The High Court of Patna having answered the question in the negative the accused has filed this appeal challenging the order.
The factual Matrix given rise to the proceeding may be stated thus The appellant Gauri Shankar Prasad was the Sub Divisional Officer at Naugachia on 12.8.1996.
