ROHAN SINGH SISODIA Vs. NATHI LAL

JUDGEMENT

(1.) THESE two connected applications under section 482, CrPC are being disposed of by this common arder. Shri Rohan Singh Sisodia is the Secretary, Kshetriya Sahkari Samiti Aung district Mainpuri where he was transferred in 1976 from Hathras district Aligarth. It appears that several members of the Kshetriya Sahkari Samiti, Hathras filed criminal compliants before the Munsif Magistrate, Hathras against title applicant. THESE compliants have been filed as Annexures in both these petitions. The allegations, inter-alia, in the complaints were that the applicant had made certain false entries with regard to advances alleged to have been made to the members of the Society and had misappropriated the amounts and as such be was liable for the offences under sections 420, 477 and 407 IPC.

(2.) IN these two applications under section 483 CrPC the sole point which has been argued is that the prosecution of the applicant is barred by section 197 CrPC because no sanction for prosecution has been obtained prior to the filing of the complaint. It is argued that the applicant is a public servant and as such no prosecution could be lodged against him without such sanction.

(3.) SECTION 124 of the U. P. Cooperative Societies Act enumerates certain categories of persons who shall be deemed to be public servant' within the meaning of section 21 of the IPC. It runs as follows :- (Sec. 124 of U. P. Cooperative Societies Act quoted-Editor).