MOHAMMAD HANIF Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision by the accused is directed against the order dated 31.8.1992 passed by the Judicial Magistrate II, Saharanpur in Criminal Case No. 706 of 1991, whereby he rejected the application filed on behalf of accused revisionist to discharge him.

(2.) FACTS leading to this revision may be briefly indicated as follows:

(3.) A perusal of the impugned order passed by the learned Magistrate indicates that no such plea was advanced before him. It further appears that the emphasis was laid on section 70 of the U.P. Cooperative Societies Act and the learned Magistrate rightly negatived this plea raised on behalf of the accused - revisionist. With regard to the sanction, the learned Magistrate pointed out that it was no part of the official duty of the accused - revisionist to have committed criminal breach of trust and, therefore, there was no question of obtaining sanction for his prosecution in respect of the offence of criminal breach of trust. It may be pointed out that this plea of sanction does not appear to have been raised before the learned Magistrate with reference to section 105 read with section 103 (b) of the U.P. Cooperative Societies Act. It appears that this plea of sanction was raised in respect of the prosecution launched by the police in respect of the offence under section 409 I.P.C. The learned Magistrate rightly repelled this contention raised before him.