DIPANKAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant application the petitioner has prayed for quashing the criminal proceeding being Special Case no. 1 of 2023 arising out of Alipurduar Police Station Case no. 317 of 2023 dtd. 24/9/2023 under Ss. 467/468/471/477A/409/420 of the Indian Penal Code, 1860 read with Sec. 13(1)(A) of the Prevention of Corruption (Amendment) Act, 2018 pending before the learned Special Court-cum- District and Sessions Judge, Alipurduar.

(2.) The ground agitated by the petitioner for quashing the aforesaid proceeding is that the said proceeding cannot and ought not to be initiated against the petitioner without obtaining sanction of the Government as he is a public servant.

(3.) The petitioner is serving as a constable of West Bengal Police and he claims to be a public servant within the meaning of Sec. 21 of the Indian Penal Code. It has been submitted that the proceeding initiated against the petitioner is untenable as he is protected under Sec. 197 of the Code of Criminal Procedure, 1973. The petitioner stresses upon the aforesaid Sec. and submits that as the petitioner is a public servant and he was performing public duty, accordingly, prior to initiating any criminal proceeding against him, sanction ought to have been taken from the Government. As no sanction has been taken prior to initiating the subject proceeding, the same is bad in law and is liable to be set aside. The allegation against the petitioner is that he is involved in serious financial misappropriation of funds siphoned from several civic volunteers' wages amounting to rupees nine lakh fifty thousand and more from eight police stations under the jurisdiction of Alipurduar police. The petitioner was delegated to operate the Human Resource Management System for every salary and non salary bill of police personnel and civic volunteers in the district of Alipurduar. The user ID, password and digital signature certificate was given only to him by the DDO since the beginning of the HRMS system. The petitioner was also dealing with the salary and non salary bills of the office of the Superintendent of police, Alipurduar.