STATE OF MAHARASHTRA Vs. AHILKUMAR VRANDAVANDAS KANABAR

JUDGEMENT

(1.) The petitioner-State has moved this Court for quashing the order whereby process has been issued by the Additional Chief Metropolitan Magistrate. 19th Court, Bombay, against the petitioner Nos. 2 and 3.

(2.) It is the contention of the petitioners that the order issuing summons is without jurisdiction and hence liable to be quashed as no offence is disclosed against the petitioners 2 and 3.

(3.) The process is issued under Section 166 of I.P.C. Section 166 of Indian Peal Code sets out that whoever, being a public servant knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant intending to cause, to knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. In the instant case the allegation against the petitioners 2 and 3 is that certain complaints were filed. That the petitioners 2 and 3 failed to take any action in respect of the said complaints. By the inaction, according to the respondent, the petitioners 2 and 3 were guilty of the charge under Section 166 of I.P.C. On behalf of the prosecution, therefore, it is contended that this would be squarely covered by Section 197 of Cr.P.C. as no public servant could be prosecuted without the sanction of the Government. In the instant case it is pointed out that sanction has not been obtained and on this ground alone apart from merits the order issuing summons is liable to be quashed and set aside.