P V NARASIMHA REDDY Vs. STATE

JUDGEMENT

(1.) In C.C. No. 7 of 1964 on the file of the Munsif-Magistrate, Medakr charges have been framed against the petitioner under section 409, Indian Penal' Code, and this petition is filed before this Court to quash those charges. The petitioner, Narasimha Reddy, was functioning as a Sarpanch of the Gram Panchayat at Wadiyaram village from November, 1956 to January, 1960, and again from February, 1960 onwards. It is alleged that in his capacity as a Sarpanch he used to transact business relating to the Gram Panchayat. The petitioner himself was maintaining the accounts and other records apart from the dealings in money transactions in the office. The petitioner is said to have misappropriated a total amount of Rs. 916-20 nP. from the funds of the Panchayat over which he had control. He is alleged to have debited various sums of money in the cash book evidencing that the amounts have been expended without proper vouchers as detailed in the charge-sheet.

(2.) The learned Counsel for the petitioner has raised four points before me, namely, (1) that at the most if the accounts have not been properly kept and there is some missing of funds that will give rise only to a civil liability under section 127 of the Gram Panchayats Act, 1956 ; (2) that the Sarpanch comes within the definition of a " public servant " and, therefore, sanction is necessary to prosecute him ; (3) that the responsibility of the Sarpanch is a composite liability as he represents the other members of the Panchayat as well; and (4) that the petitioner cannot be made to suffer double jeopardy.

(3.) With regard to the first point urged by the learned Counsel for the petitioner, section 127 of the A.P. (Telangana Area) Gram Panchayats Act (XVII of 1956) has to be considered, and it runs as follows :-