STATE Vs. NATHI LAL

JUDGEMENT

(1.) Nathi Lal, a Panch of the Adalati Panchayat of Aira Khera in the district of Mathura, was tried for an offence under Sec. 161, Indian Penal Code on the charge that on the 24th July 1950 he accepted the sum of Rs. 30 as illegal gratification from one Pitambar Singh who was an accused in a case under the Gambling Act pending before the Panchayat. In defending himself he pleaded that he had taken the money, not as a bribe, but by way of advance payment of the fine which was proposed to be imposed; he also contended that the sanction for his prosecution was invalid. The Magistrate repelled both the defence, found him guilty and sentenced him to two years' rigorous imprisonment together with a fine of Rs. 400. In appeal the learned Temporary Sessions Judge of Mathura upheld the Magistrate's view on the question of sanction, but holding that the prosecution had failed to establish the acceptance of a bribe acquitted Nathi Lal. The State Government have come up in appeal against the order of acquittal.

(2.) It has not been necessary for us to enter into the merits of the case as the appeal can be decided on the question of sanction.

(3.) It is common ground that by virtue of Sec. 6(1) of the Prevention of Corruption Act no court can take cognizance of the Respondent's alleged offence under Sec. 161, Indian Penal Code without the previous sanction of the authority competent to remove him from his office of Panch. It is further acknowledged that the Rules which were framed under the Panchayat Raj Act of 1947 and were in force at the relevant time had made the Director of Pachayats the prescribed authority to remove a Panch from office. Accordingly we turn to see whether or not there was a valid sanction by the Director for the Respondent's prosecution.