STATE OF MYSORE Vs. B RAMACHANDRA RAO

JUDGEMENT

(1.) This is a reference made by the Sessions Judge, Shimoga under S. 438 Cr. P. C. to quash the order passed by the Special 1st Class Magistrate, Shimoga, in C. C. No.2477/1964 dropping further proceedings on the ground that the complaint was not maintainable without the sanction of the State Government under Section 197 Cr. P. C.

(2.) Briefly, the facts of the case are these; The complainant B. Ramachandra Rao, District Auditor of Co-operative Societies, who was appointed to audit the accounts of Malnad Areca Marketing Cooperative Society, to be hereinafter referred to as the 'Society' filed a complaint alleging that the respondent who happened to be the Secretary of the said Society had made certain defamatory allegations against the complainant during the course of the Annual Report in respect of the Society submitted by him for the year 1963-64. A case was registered for an offense under S. 500 I. P. C. After service of summons, the accused appeared and filed an application under section 197 Cr. P. C. raising a preliminary objection that the complaint should be dismissed in limine for want of sanction under section 197 Cr. P. C. as the complainant had filed the complaint without obtaining the sanction of the State Government to prosecute the accused in respect of the acts said to have been committed by him as he was a public servant not removable without the sanction of the Government and that the acts alleged were committed in the course of discharge of his official duties. The learned Magistrate heard both the sides and came to the conclusion that the complaint was not maintainable without the sanction of the State Government. Accordingly he dropped further proceedings. The complainant being aggrieved by the said order filed a Revision before the learned Sessions Judge, Shimoga, challenging the legality and correctness of the decision of the trial Magistrate. The learned Sessions Judge came to the conclusion that the sanction of Government was not necessary as the accused could be removed from the office of the Secretary of the Society without the sanction of the Government. In this view of the matter, he made the present reference to quash the order passed by the learned Magistrate.

(3.) The question for decision is whether the accused is a public servant who is not removable from his office save by or with the sanction of the State Government and whether he is accused of any offense alleged to have been committed by him while acting or purporting to act in the discharge of his official duties.