PREM NARAIN MOHANLAL DUBEY Vs. STATE

JUDGEMENT

(1.) THE Police filed a complaint against the petitioner, who is the Sarpunch of Gram Panchayat, Kalukheda, alleging that the Sarpanch was entrusted with a sum in the neighbourhood of Rs. 4,000/-, for improving the sources of water supply in villages. It is said that no work was done but all the same a report of the fictitious completion of the work was prepared and a receipt purporting to be in the name of a fictitious person was obtained, and thus the accounts were adjusted. On these facts, the accused was being tried under Sections 409, 467 and 218 of the Indian Penal Code. He raised the plea that being a Sarpanch, he was a public servant and under the Panchayat Vidhan and the rules made thereunder, be was not removable from his office by any authority subordinate to the State Government and, therefore, sanction under Section 197 of the Criminal Procedure Code for his prosecution was necessary. It was contended on his behalf that in the absence of sanction, the prosecution could not proceed. The trial Court rejected the contention, against which this revision has been filed.

(2.) THE question for determination is whether in the circumstances of the case, sanction under Section 197 of the Criminal Procedure Code is necessary?

(3.) SECTION 197 (1) runs thus: