SUBRATA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure the petitioner has moved this Court for quashing of the charge under Section 417/419/420/468/471 of the Indian Penal Code framed against him in connection with G.R. Case No. 679 of 2001 now pending before the Learned Judicial Magistrate, 2nd Court, Krishnanagar, Nadia.

(2.) The petitioner appearing in person in support of his prayer for quashing urged the following points;

(3.) I have given my anxious and thoughtful consideration to the submissions made on behalf of the parties and perused the materials on record. I find that the submissions of Mr. Ganguly are wholly justified. He is absolutely correct the contention of the petitioner that he is innocent and have been falsely implicated in the case is essentially his defence and is a matter of trial. Similarly, the decision of the Division Bench of this Court has no bearing in the instant case. In the impugned proceedings the petitioner has been charged for offences punishable under the Indian Penal Code and the petitioner not having allegedly committed such offence during his official duty and not being a public servant who is not removable from his office without the prior sanction of the Government no sanction under Section 197 of the Code of Criminal Procedure is necessary. I further find that the petitioner was acquitted from a criminal case which relates to the offences punishable under the Official Secretes Act and under the said Act for prosecuting any person for any offence committed thereunder taking of prior sanction is mandatory. Therefore, the grounds on which the petitioner has sought for quashing of the impugned proceedings are not tenable in law.