RAJ KISHORE JHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These Revisions are heard analogously and are being decided by a common order.

(2.) This Criminal Revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure has been preferred against the order dtd. 9/9/2021 and order dtd. 14/7/2023 on the ground that both the applicants are the government servant and the protection of Sec. 197 of Cr.P.C. is available to them but without obtaining the sanction from the competent authority, the prosecution was launched and the trial court has not considered this fact while framing the charges for the offences punishable under Ss. 420, 467, 468, 471 and 120-B of IPC and requested that they be discharged from the above offences.

(3.) The facts giving rise to these cases in brief are that one of the co- accused in the criminal case Mrs. Shashibai Mishra applied for the post of Anganwadi karyakarta and her appointment letter was issued by Raj Kishore Jha who at that time was CEO of Janpad Panchayat, Bahoriband. It is also alleged that the applicant-Seema Thakur was the member of the recruitment committee. A complaint was made by two persons namely Ms. Madhu Paroha and Virendra Mishra that Shashibai Mishra got appointment of Anganwadi Karyakarta on the basis of fraud and forged documents. The matter was reported to higher authorities. As per the order of Additional Commissioner (Revenue), the inquiry was made by SDO, Revenue, Bahoriband in which it was found that Smt. Shashibai Mishra was appointed in the year 1998 using the marksheet of Neelam Choubey who is the daughter of her brother and thus, they are related as a Bua and Bhatiji.