P GOVINDA BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition, the accused has challenged the order of the II Additional Sessions Judge, D. K. , Mangalore, passed in Cr. R. P. No. 62 of 1998 and the order of the JMFC, Sulia passed in C. C. No. 1070 of 1997 and prays this Court to quash the entire proceedings pending on the file of the JMFC, Sulia in the said criminal case.

(2.) THE petitioner is an Assistant Agricultural Officer, Soil and Health Centre, Shimoga. He was working as Asst. Agricultural Officer at Sulia. Upon the complaint filed by the Asst. Director of Agriculture, Sulia, police registered a criminal case against the petitioner and others for an offence punishable under Section 409, IPC. It was alleged that the petitioner and other misappropriated government funds to the tune of Rs. 1,96,913/- between the period 1991 to 1994. The I. O. after completing the investigation filed a charge sheet for the offences punishable under Sections 468, 420, 409 r/w 34, IPC. The I. O. has laid eight separate charge sheets. The order of the learned Magistrate taking cognizance of the offences alleged, was questioned before the learned Sessions Judge, on the ground that the prosecution is bad in law in the absence of sanction as required under Section 197, Cr. P. C. This question which was canvassed before the learned Sessions Judge has been rejected. Hence, the petitioner has approached this Court on the same ground.

(3.) THE learned counsel for the petitioner has also contended in this petition that the petitioner is a government servant and the Government Officer cannot be prosecuted without proper sanction as required under Section 197, Cr. P. C. by the competent officer.