AWDHESH NARAIN RAI Vs. STATE OF U P

JUDGEMENT

(1.) THE revisionist was convicted in criminal case No. 641 of 1981 on 29.4.1982 by Judicial Magistrate, Duddhi, Mlrzapur for the offence punishable under Section 409, I.P.C. and sentenced to undergo rigorous imprisonment of two years and pay fine of Rs. 500. In default of payment of fine he was to undergo further rigorous imprisonment for six months. He was, however, acquitted of the offence under Section 411, I.P.C. Criminal Appeal No. 65 of 1982 filed by him was dismissed on 2.11.1982 by the then IIIrd Additional Sessions Judge. Mirzapur. He has now come to this Court in appeal.

(2.) THE revisionist was at the relevant time working as Gram Sewak in the office of the Block Development Officer, Duddhi, Mirzapur. Road was being constructed from Pakari to Haripura under the Government scheme of "Foodgralns for work." THE revisionist was given charge of looking after the construction of this road and was given 393 bags of rice for giving it to the labourers in lieu of their wages.

(3.) FROM the allegations of the prosecution story it is clear that the embezzlement of rice is said to have been made by the revisionist in the discharge of his official duties. Prior sanction under Section 197, Cr.P.C. was necessary. In the absence of prior sanction the trial court could not have taken cognizance of the case against the revisionist. In the absence of sanction the trial court did not acquire any jurisdiction to proceed in the case against revisionist. The revision has to be allowed upon this ground alone.