STATE OF MAHARASHTRA Vs. TUKARAM YASHWANT DINDORLE

JUDGEMENT

(1.) THE State has preferred this writ petition against the order of III Additional Sessions Judge, Kolhapur dated 10-1-1992 in Criminal Revision Application Nos. 116/88 and 149/88.

(2.) THE two questions which are raised in this writ petition are, (1) whether the petitioners accused who are the Forest Officers could make an application for their discharge on the ground of want of sanction under section 197 of Cr. P. C. in a private complaint filed against them for the alleged offence committed in discharge of their official duties and (2) whether the Government Pleader could defend them in the trial Court.

(3.) THE learned JMFC, Malkapur dismissed their application (Exhibit 14) for discharge on the ground that it was not the stage for making application for discharge and that the said application could only be considered at the time of framing of the charge but upheld the right of the Government Pleader to appear for the accused who are the Forest Officers. When the matter was taken in revision before the Sessions Court, Kolhapur, the learned III Additional Sessions Judge upheld the order of the learned JMFC with regard to the non maintainability of the application made by the petitioners but held that the District Government Pleader was not entitled to appear for the petitioners in a private complaint. In my view the order of the Sessions Court on both the points is wrong and, therefore, is required to be set aside.