STATE OF HARYANA Vs. IQBAL SINGH

JUDGEMENT

(1.) THE State of Haryana has filed this appeal against the judgment dated 1st February, 1973, of the Court of the Judicial Magistrate 1st Class, Ambala (Shri P. P. Chhabra), by which it acquitted Iqbal Singh respondent of his charge Under Section 409, Indian Penal Code, because it was found that it was necessary for the prosecution to obtain sanction of the Central Government to prosecute Iqbal Singh and that the same had not been obtained before launching prosecution against him in the Court.

(2.) THE facts of the case, in brief, are that Iqbal Singh respondent was working as Foreman-cum-Supervisor, Rural Industry Development Central, at Pinjore. He absented aimself from duty from 12th August, 1967, onwards and took away some Government money with him. The District Industries Officer made a complaint to the Superintendent of Police Ambala, alleging that Iqbal Singh had embezzled the Government money. He had proceeded on medical leave for four days with effect from 26th July, 1967. He then got his leave extended to 11th August, 1967. After that, neither any application for extension of leave was received from him nor did he report himself for duty. He was required to appear before the industries Officer, Ambala, and hand over the money by 20th August, 1967, but he failed to do so and instead sent a letter stating that he would appear before that officer on 23rd August, 1967. Even on the aforesaid date, he failed to turn up before that officer. The complaint containing the above allegations was made against him to the Superintendent of Police, as stated above. The amounts which were allegedly embezzled by him, as mentioned in the complaint, were as under:

(3.) THE trial Court charged the accused Under Section 409, Indian Penal Code, The accused pleaded not guilty to his charge and claimed trial,