MAGANBHAI D BHADAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), the petitioner has prayed for the following substantive reliefs.

(2.) THE facts giving rise to the present petition are that the petitioner was working as a Talati -cum -Mantri in village Mitana. A complaint was lodged against the petitioner by one Shri Harjivanbhai Chaturbhai Mareji, the Circle Officer with the Mamlatdar's Office, Tankara, for the offences punishable under Section 463, 464, 465, 468, 470 and 471 of the Indian Penal Code. Charge -sheet in respect of the aforesaid complaint was submitted on 19th March, 2005 and was registered as Criminal Case No.2636 of 2005.

(3.) THE petitioner preferred an application at Exh.16 for discharge before the learned Judicial Magistrate, First Class at Morbi, mainly on the ground that no prior permission of the State Government had been obtained before submitting the charge -sheet, as contemplated under Section 197 of the Code. By the impugned order dated 1st June, 2006, the said application came to be rejected. Hence, the petitioner has filed the present petition seeking the reliefs as noted herein above.