VIDYA SHANKAR CHATURVEDI Vs. ABHAY KUMAR CHOPRA

JUDGEMENT

(1.) THIS common order shall govern disposal of Cr.R. Nos.1275/2014 and 1276/2014.

(2.) CR .R. No.1275/2014 is directed against order passed by the learned Additional Sessions Judge, Khachrod, District Ujjain in criminal revision No.360/2013 dated 26.07.2014 and Cr.R. No.1276/2014 is directed against order passed by learned Additional Sessions Judge, Khachrod in Cr.R. No.359/2013 dated 26.07.2014 In both the revisions one common and short question is involved. Respondent No.1 - Abhay Kumar Chopra filed two complaint cases against the present applicant who was working at the relevant time as Chief Municipal Officer of Municipality at Nagda. In both the complaints, it was stated that he committed serious financial irregularities in purchasing mobile toilet and also in publication of advertisement in daily newspaper "Raj Express" thereby caused loss to the municipality and committed an offence of criminal breach of trust.

(3.) THE learned Magistrate by order dated 01.06.2013 in unregistered complaint case held that in an earlier order dated 04.12.2012, the complainant was directed to seek sanction of the State Government to prosecute the present applicant. However, no such sanction was obtained and, therefore, the learned Magistrate found that such a sanction is necessary to prosecute the present applicant under section 197 of Cr.P.C. and dismissed the complaint. Against this order, the respondent No.1 filed the revision in which without hearing the present applicant, the learned Additional Sessions Judge passed the impugned order, remanding the case back to the learned Judicial Magistrate First Class directing him to record statement of various witnesses before reaching to an inference that such a sanction is necessary under section 197 of Cr.P.C.