S.N.RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Petition under Sec. 482 of Crimial P.C. had been filed invoking the extraordinary inherent power conferred upon the High Courts, questioning the order dated 15.06.2016 passed by the Second Additional Sessions Judge, Balod in Criminal Revision No. 18/2016. Vide the said order the Second Additional Sessions Judge, Balod rejected the revision petition filed by the Petitioner upholding order dated 18.02.2016 passed by the Chief Judicial Magistrate, Balod in Criminal Case No. 807/2014. The Court of the Chief Judicial Magistrate, Balod vide its order dated 18.02.2016 had rejected the application under Sec. 197(1)B of the CrPC.

(2.) The facts in brief are that in the year 2013 a complaint was lodged in respect of a large scale irregularities done by the office bearers of the Gram Panchayat Arda in the execution of the Scheme under MNREGA. After investigation an FIR was registered as Crime Number 26/2013 by the Police Station, Suregaon against the accused persons for the offence under Sec. 409, 420, 467 and 468 of IPC. That in due course of investigation while filing the charge sheet 11 persons were made accused persons including the present Petitioner. It is said that the present Petitioner at the relevant point of time was posted at Janpad Panchayat Daundilohara as Sub Divisional Officer. Immediately thereafter the Petitioner filed an application under Sec. 197(1)B of the Crimial P.C. before the Trial Court seeking for discharge from the case as the Petitioner being a public servant previous sanction of the concerned authorities i.e. State Government had to be taken.

(3.) The Court below after considering the submissions put forth by the Counsel for the Petitioner on the said application vide its order dated 18.02.2016 rejected the application holding that since the nature of the act said to have been committed by the Petitioner and the other accused persons fall within the category of fraud, cheating and criminal breach of trust by a public servant which are primary offence defined under provisions of Penal Code and therefore the requirement of previous sanction would not be necessary, thus rejected the application. Against the said order the Revision Petition was also preferred which was registered as Criminal Revision No. 2200018/2016. The Revisional Court also vide the impugned order 15.06.2016 rejected the Revision Petition upholding the views of the Chief Judicial Magistrate reiterating the fact that since nature of the offence alleged against the accused persons also being one that falls within the definition of cheating, fraud and criminal breach of trust by a public servant, offence which otherwise falls within the definitions of Indian Penal Code, the previous sanction for prosecuting the public servant for the aforesaid criminal acts would not be necessary and thus rejected the Revision Petition leading to the filing of present CrMP.