NRIPENDRA LAL ROY Vs. STATE OF W B

JUDGEMENT

(1.) By this revisional application the accused petitioner wants the court to quash the proceeding in G.R. Case No. 438 of 1976 under section 420/109 of the Indian Penal Code pending in the Court of the Learned S.D.J.M., at Siliguri.

(2.) It appears that one A.K. Das placed an order for 44 chests of tea with the complainants firm at Siliguri on payment of Rs. 50 1/- as advance for delivers of the said tea at Calcutta. The relevant R.R. and the bills were sent by registered post in the name of United Commercial Bank; Chandnichowk Branch, Calcutta under the area of Princep Street Post Office. The registered envelop, however, came back to the complainants firm with the endorsement not found. But the R.R. and the bills contained therein were found missing. On enquiry it was learnt that the said Mr. A.K. Das had taken delivery of the consignment. On information lodged, the Police started investigation, during which it came to light that the aforementioned Mr. A.K. Das and the present petitioner who happens to be his own brother and is a postman at Princep Street Post Office being in league with his brother removed the R.R. and bills from the registered envelop with the help of which his brother, the aforementioned Mr. A.K. Das took delivery of the tea in question from he carrier without making any payment to the Bank. On the above facts the Investigating Officer submitted a charge-sheet under section 420 I.P.C. against the said Mr. A.K. Das and under section 109 I.P.C. against the present petitioner for abetment.

(3.) It is urged by the learned Advocate for the petitioner that the petitioner being a public servant in the employ of the Central Government, no cognizance can be taken of the offence allegedly committed by him by the learned Magistrate without prior sanction from the Central Government as per the provision of the section 197 Cr.P.C.