JUDGMENT Poonam Srivastava, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application has been filed for quashing the complaint case No. 622 of 1994-Baijnath Tiwari v. Sarvesh Kumar Mishra, pending in the court of A.C.J.M. I, Kanpur Dehat. The impugned complaint has been annexed as Annexure-3 to the affidavit. The accused Sarvesh Kumar Mishra was Chowki Incharge Patara Police Station Ghatampur, Kanpur Dehat. The allegation against the accused is that the proceedings between two waning parties were initiated under Section 151 Cr.P.C. by Sarvesh Kumar Mishra Chowki Incharge.(Subsequently the complainant made a complaint at the Police Chowki after he was released on 17.6.1993 in proceedings under Sections 151, 107, 116 Cr.P.C. The submission on behalf of the applicant is that on 17,6.1993 while he was incharge of the police station, he received an information that two parties were quarreling and there was likelihood of breach of peace. The complainant-opposite party No. 2 belongs to one of the group. All the members of two group were taken into qustody in the proceeding under Sections 151, 107/116 Cr.P.C. A challani report has been annexed as Annexure-1 to the affidavit. After an undertaking was given that they will maintain peace, they were released. A complaint was lodged by the opposite party No. 2 against the applicant on 18.8.1993 under Sections 323, 342, 500, 504, 506 I.P.C. Police Station Ghatampur, District Kanpur Dehat. On perusal of the complaint, it shows that the applicant who was chowki incharge, tried to pressurize the complainant to take back the report instituted by him against Durga Prasad and others and when the complainant refused to compromise, the applicant started beating the complainant with a view to pressurize him and also threatened that he will be implicated him in serious criminal offences. The injuries of the 'complainant Baijnath Tiwari were also examined on 19.6.1993 by the Medical Officer U.H.M. Hospital Kanpur Nagar. The applicant was summoned under Sections 323, 504, 506 I.P.C. fixing 8th July, 1994, An objection was moved by the applicant before the A.C.J.M. 1st, Kanpur Dehat that no prosecution can be carried, out against him unless and until a prior sanction under Section 197 Cr.P.C. is obtained. The act alleged has been done in. discharge of his official duty while he was posted as Chowki Incharge and for want of sanction the Magistrate has no jurisdiction to proceed in the matter. This objection was rejected by the learned Magistrate vide order dated 14.11.1995 which is also under challenge in the application. The alleged act of the applicant in the complaint is very specific that he ehad given beating to the complainant with a view to pressurize him to compromise with the opposite party in the proceedings under Sections 151/107/116 Cr.P.C. and when he refused to do so, he was given a good thrashing and also threatened with dire consequences. This act on the part of the applicant can by no stretch of imagination fall within the ambit of discharge of 'official duty' and in the circumstances, the learned Magistrate committed no illegality in rejecting the objection of the applicant. So far as Section 197 Cr.P.C. is concerned, the prayer for quashing the complaint is also ill founded. Bare reading of the complaint and injury report, it is evident that the applicant, who is a member of police- department, misused his powers and committed offence. In the circumstances, it can not be said that bare reading of the complaint constitute no offence whatsoever. The Magistrate has rightly summoned the applicant under Sections 323, 504, 506 I.P.C. and the applicant has failed to establish any good ground for interference, much less quashing the entire proceedings. This application lacks merit and is accordingly rejected. The interim order dated 30.1.1996 is vacated.
3. The Magistrate concerned is directed to proceed with the trial expedtiously.
4. Office is directed to send a copy of this order to the learned District Judge, Kanpur Dehat for further action.