MOHAMED HANEEF Vs. THIRTHAHALLI POLICE

JUDGEMENT

(1.) This Criminal Petition, one under Section 482 of the Code of Criminal Procedure, 1973 (for short the 'Code') is by the accused Mohamed Haneef in C C. No. 577/1982 on the file of the Munsiff and J.M.F.C. Thirthahalli for an offence under Section 409 and in the alternative under Section 408 of the I.P.C. initiated upon a charge-sheet filed by the Thirthahalli police under Section 408 and alternatively under Section 409 I.P.C.

(2.) In the course of the trial, the petitioner filed an application on 25-5-1983 contending that the prosecution was bad for want of sanction under Section 197 of the Code. The Magistrate after hearing both sides and without pronouncing order on the application, framed a charge against the accused under Section 409 I.P.C. and alternatively under Section 408 I.P.C. and commenced the trial. The accused has filed this Petition to quash the proceedings initiated against him.

(3.) Sri K.S. Desai, learned Advocate for the accused, presented two arguments for consideration. Firstly he contended that the prosecution initiated against the accused and pending trial before the Court below is bad for want of sanction under Section 197 of the Code. His second contention was that the criminal prosecution against the accused is barred under Clause (c) of the proviso to Rule 214 of the Karnataka Civil Services Rules, 1958 (the 'Rules').