MADHAB PRASAD MISRA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 4 -9 -71 passed by the trial court, thereby framing a charge against petitioner No. 1 under Sec. 379/109. IPC and against all the rest under Sec. 379, IPC

(2.) The allegation against petitioner Nos. 2 to 7 in short is that they dishonestly removed some Jamu (black -berry) trees belonging to the Revenue Department and standing on plots Nos. 2929 and 2930 in mouza Khandapara Garh. Against petitioner No. 1 it is alleged that he abetted the commission of theft of the said Jamun trees by 'the other accused persons.

(3.) Mr. Misra. the learned Counsel -for the petitioners, contends that petitioner No. 1, being a public servant removable by the State Government, could not be proceeded against without a valid sanction from the proper authority, and as such this proceeding against 'him is bad in law and is liable to be quashed. With regard to the other petitioners it is urged that they cut and removed the trees in question as they purchased the same in a public auction conducted by the Sarpanch -of the Gram Panchayat and so they have -not committed any offence.