U. RAM LATO Vs. THE STATE

JUDGEMENT

(1.) U Ram Lato (petitioner) has invoked the jurisdiction of this Court under Sections 439 and 561A of the Code of Criminal Procedure for obtaining an order quashing a complaint filed against him by U Pati Najiar (opposite party) in the Court of the Sub -divisional Officer, Jowai.

(2.) THE case of the complainant against the petitioner who is a doloi of Jowai is that in his capacity as Doloi he collected fees, fines and decretal money in connection with cases pending in his Court. A part of this money was divisible between the Doloi and the Durbaries. The money due to the complainant was not paid when it fell due and it was misappropriated. The first question that has been argued by the learned Counsel for the petitioner is that the complaint could not be taken cognizance of without previous sanction from competent authority. He argues that the spirit of the Criminal Procedure Code was applicable under the rules relating to the administration of criminal justice in the K. and J. Hills. Section 197 requires the sanction of the State Government in the case of public servants who are removable from their office by the State Government.

(3.) THERE are obvious difficulties in the application of Section 197 or even its principles to the facts of this case. It is conceded that the Doloi is not removable from his office by the State Government. The District Council is the authority which can remove the Doloi from his office. Section 197 in terms applies to public servants or Judges over whom the Central Government or the State Governments have control. It cannot be applied to areas where District Councils with a certain amount of autonomy are functioning as the governing bodies.