K CH PRASAD Vs. J VANALATHA DEVI

JUDGEMENT

(1.) This appeal has been filed by the appellant after obtaining leave from this Court against an order passed by the High Court of Andhra Pradesh dated 28-11-1983 wherein the High Court rejected a Revision Petition filed by the appellant.

(2.) Against the appellant a complaint was filed in the Court Metropolitan Magistrate, Hyderabad under Section 120B read with Sections 467 and 471 of the Indian Penal Code. After summons were issued the the appellant raised objection about the maintainability of this prosecution for want of sanction under Section 197 of the Criminal Procedure Code. The objection was rejected by the Metropolitan Magistrate a Revision Petition was filed in the High Court which has been rejected by the impugned order passed by the Andhra Pradesh High Court.

(3.) The learned Metropolitan Magistrate held that Section 197 is attracted only when a public servant is not removable from his office save by or with the sanction of the Government. The appellant is an officer who is removable from his office by a competent authority and no sanction of the Government is necessary. Consequently Section 197 in terms does not apply. This view was affirmed by the High Court of Andhra Pradesh.