CHUNNILAL LAMPULAL NEMA Vs. R C SHIVHARE

JUDGEMENT

(1.) THIS is a revision by the complainant against the order dated 31 -1 -77 passed by the Additional Sessions Judge, Vidisha, in Criminal Revision No. 17/76 whereby the order passed by the Chief Judicial Magistrate Vidisha, dated 19 -1 -76 rejecting the application of the non -applicant under section 19, Criminal Procedure Code 1898, was set aside and the non -applicant had been discharged and the complaint against him was held to be incompetent without sanction of the State Government.

(2.) THE facts essential for decision of this revision are as under:

(3.) THEREAFTER on behalf of the non -applicant R. C. Shivhare, Administrator, Municipal Council, Vidisha, application dated 30 -9 -75 was moved under section 197 (1), Criminal Procedure Code whereby an objection was raised to the effect that he is a 'public servant' who is not removable from his office save by or with the sanction of the State Government; and, that the acts alleged to have been done by him appear to have been done in discharge of official duty. Accordingly, cognizance of offence complained of cannot be taken by the Court without previous sanction of the State Government.