P PALANISAMY Vs. SHENBAGATHOTTAM RESIDENTS ASSOCIATION MADURAI

JUDGEMENT

(1.) Revision-petitioners/accused in C.C. No. 531 of 1997 on the file of Judicial Magistrate II, Madurai, have preferred the revision aggrieved against the order of dismissal dated 18-11-1997 in C.M.P. No. 5906 of 1997.

(2.) The case in brief is as follows : The revision-petitioners filed a petition to stop the proceedings and discharge from the case on the ground that no sanction under S. 197 of the Code of Criminal Procedure has been obtained. Petitioners 1 and 2 are working as Assistant Executive Engineer and Executive Engineer respectively in the Tamil Nadu Housing Board. They used to allot either flats or houses to the persons who purchased for cost and they used to give sale deed on full payment and till then, the Housing Board is the sole proprietor of the property. The respondent/complainant filed a complaint without any valid title over the property. Handing over any property for maintenance to any Society will not create title over the property to any individual or any Society. The Association without any valid permission from the Housing Board started unauthorised construction and thereby created annoyance to the real purchasers of the property. The first petitioner has acted on the instructions of the superior officers, the second accused. They have acted only in the discharge of their official duty. To prosecute a public servant for any offence while discharging the official duty, sanction must be obtained either from the concerned officer, having power to appoint and to remove or from the Government under S. 197 of Criminal Procedure Code and as no sanction has been obtained, the complaint is not maintainable.

(3.) The respondent/complainant opposed the application and after hearing the parties, the learned Magistrate dismissed the application filed by the petitioners and aggrieved against this, the present revision has been filed.