VIJAY SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The allegation against the applicant accused is that while working as Village Development Officer, Neryuka, he committed several financial misappropriations in collusion with the co-accused Sabu Lal, the then Gram Pradhan of Gram Panchayat Neryuka, District Uttarkashi. After the investigation, police submitted the chargesheet against the applicant and the co-accused Sabu Lal.

(2.) It is the case of the applicant that the applicant is a public servant; he has been charged with the allegation of financial embezzlement; chargesheet has been submitted and cognizance has been taken against him, but no prior sanction to prosecute the applicant, as envisaged under Sec. 197 CrPC, has been obtained from the competent authority and, therefore, the impugned proceeding so far it relates to the present applicant is liable to be quashed.

(3.) In the present case, the short question for consideration before this Court is regarding the applicability of Sec. 197 CrPC only, and not about the alleged acts of financial misappropriations committed by the applicant.