P GOVINDAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision Case is directed against the order of the learned Judicial Magistrate, Krishnagiri dated 25.11.2005 made in Crl.M.P.No.1347/2005 in C.C.No.285/1999 pending on the file of the Court of the Judicial Magistrate, Krishagiri.

(2.) THE facts leading to the filing of the Criminal Revision Case, in brief, are as follows:-

(3.) THE petitioner in the revision case is accused No.4 in C.C.No.285/1998, at present pending on the file of the learned Judicial Magistrate, Krishnagiri. He had filed Criminal M.P.No.1347/2005 to discharge him from the said case contending that the cognizance of the offences allegedly committed by him was against law as there was no sanction order for prosecuting him as the petitioner was a public servant and the alleged acts constituting the offences were committed by him while discharging his official functions. THE learned counsel for the petitioner argued that no sanction order was passed by the competent authority under Section 197(1) Criminal Procedure Code for prosecuting the petitioner for the offences alleged in the charge sheet submitted by the respondent herein; that the charge sheet did not contain any reference to such an order of sanction passed by the competent authority; that only after the petitioner filed the discharge petition under Section 227 of Criminal Procedure Code, the respondent chose to produce a copy of the alleged sanction order dated 25.09.1998 along with the counter statement filed in the said petition; that even thereafter, the original sanction order had not been produced and that therefore it was quite obvious that no sanction was accorded before the learned Judicial Magistrate took cognizance of the offences by taking the final report on his file as C.C.No.285/1999.