BANSH GOPAL Vs. MOOL CHAND SHARMA

JUDGEMENT

(1.) This revision application raises the point whether the President of a Municipal Board is entitled to the protection under Section 197, CrPC. Bansh Gopal Misra filed a com plaint against Mool Chand Sharma and eight others with these allegations. There was enmity between Bansh Gopal complainant and Mool Chand Sharma accused No. 1 The complainant constructed a house after obtaining sanction from the Municipal Boad of Rath. The complainant is a resident of Rath in district Hamirpur. Mool Chand sharma, accused No. 1 is the President of the Municipal Board, Rath, district Hamirpur. One day in the complainant,s absence, accused No. l, with the assistance of other accused, demolished the complainant's house and forcibly removed articles from the house. Bansh Gopal, therefore, filed a compaint against the nine accused UNDER SECTION 395, 427, 504, 506, 147 and 448, IPC.

(2.) A preliminary objection was raised on behalf of Mool Chand Sharma accused No. 1 that he could not be prosecuted in the absence of a sanction Under Section 197, CrPC. This objection was upheld by the learned Sub-Divisional Magistrate of Hamirpur. The complainant filed a revision before the learned Sessions Judge. But the revision application was dismissed by the learned Sessions Judge of Hamirpur. Bansh Gopal Misra complainant has, therefore, come to this Court in revision.

(3.) The sole question argued by Sri S. N. Dwivedi for the applicant was whether the President of a Municipal Board is entitled to the protection of S. 197, CrPC. Sub-S.(l) of S. 197, Code of Criminal Procedure run thus: