BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose at Criminal Misc. Nos. 4572-M and 4574-M of 1980. They arise out of the self-same matter. A trial is pending in the Court of Sh. H. R. Kaushik, Judicial Magistrate 1st Class, Patiala against the two respective petitioners under Sections 409, 467 and 120-B, Indian Penal Code, Conceded-ly, the petitioners, i. e. Bachan Singh who is now a retired Block Development and Panchayat Officer and Hans Raj an Accountant yet working in the office of the Block Development and Panchayat Officer, Anandpur Sahib, District Ropar (then working at Samana) are State Government servants. The offence of criminal breach of trust being punishable under Section 409, Indian Penal Code, is attractable only against Government servants. The crime was reported on 21-5-1976 in a letter addressed to the concerned officials of the Police Station, Samana, by Shri Raghbir Singh, Inspector Vigilance Bureau, District Patiala. Later, after investigation, the chalan was presented in Court on 3-8-1979. The learned trial Magistrate framed charges against the petitioners on 17-11-1979. Some evidence of the prosecution has also been led as it seems.

(2.) BACHAN Singh, one of the petitioners, made an application to the trial Court that, since he stood retired from service, no judicial proceedings could be instituted against him under proviso 3 (b) (a) to Rule 2. 2 of the Punjab Civil Service Rules. The petition was rejected. Both the petitioners filed a revision petition before the Court of Additional Sessions Judge at Patiala but the same was dismissed by him on 9-7-1980. Now they have approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

(3.) THE learned Counsel for the petitioners has primarily raised two contentions, that is : (i) no sanction requisite under Section 197, Code of Criminal Procedure, is forthcoming, which is a condition precedent for the trial of the petitioners and (ii) the case as compiled by the prosecution and presented does not disclose an offence which is triable by a criminal Court.