SANTOSH PATHAK Vs. SANTOSH

JUDGEMENT

(1.) PETITIONER had a grievance that the complaint filed by the respondent against him for various offences alleged to have been committed by the petitioner cannot be prosecuted unless and until there is a sanction granted by the competent authority under Section 197 of Cr.P.C.

(2.) WITH the aforesaid grievance, the petitioner came to this Court. Justice N.K.Mody, vide order dated 01.04.2009 permitted the petitioner to file an application before the Court concerned, taking objections to the continuation of the proceedings and by making specific allegation that the case requires prior sanction under Section 197 Cr.P.C.

(3.) IN view of the aforesaid, it becomes a question of fact as to whether the action taken by the petitioner was within his legal responsibility or that he has not committed anything which is not part of his duties. This can only be found out once the evidence of the complainant and his witnesses are completed. An opportunity is granted to the petitioner to cross examine the witnesses and if required, to lead his defence evidence.