BABUBHAI RAGHAVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Criminal Application under Article 226, 227 of the Constitution of India has been preferred by the petitioner herein original accused to quash and set aside the impugned judgment and order dated 28.05.2008 passed by the learned Sessions Judge, Porbandar in Criminal Revision Application No.25/2007 as well as the order dated 11.09.2007 passed by the learned Chief Judicial Magistrate, Porbandar below application Exh.8 in Criminal Case No.940/2007.

(2.) Respondent No.2 herein original complainant has filed the complaint being Criminal Case No.940/2007 in the Court of learned Chief Judicial Magistrate, Porbandar against the petitioner Executive Engineer, City Division, Pashchim Gujarat Vij Company Limited, Porbandar (hereinafter referred to as "PGVCL") for the offences punishable under Sections 166 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") read with Section 140 of the Indian Electricity Act, 2003. That in the said complaint, the learned Magistrate by order dated 03-13.02.2007 has directed to issue process against the petitioner original accused for the offence under Section 166 of the IPC read with Section 140 of the Indian Electricity Act, 2003.

(3.) Shri P.M. Thakkar, learned Senior Advocate appearing on behalf of the petitioner original accused has vehemently submitted that the learned Magistrate has materially erred in dismissing the application Exh.8. It is submitted that the learned Magistrate has materially erred in holding that before prosecuting the petitioner who was the public servant and/or before taking any cognizance of complaint/offence against him, sanction as required under Section 197 of the CrPC would not be applicable.