SASHI BHUSHAN REWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 14.12.2011 passed by learned Special Judge, Bilaspur, in Corruption Case No. 4 of 2008, framing charges against the petitioner for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC, Section 13(2) of the Prevention of Corruption Act, 1988, (for short the Act ).

(2.) It has been submitted that the learned Special Judge has erred in framing charges against the petitioner for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC read with Section 13(2) of the Act for want of sanction under Section 197 Cr.P.C. and Section 19 of the Act.

(3.) Insofar offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC are concerned, the case is squarely covered by State of H.P. versus M.P. Gupta, 2004 2 SCC 349. The Supreme Court has held that official duty in Section 197 Cr.P.C. implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. A public servant is not entitled to indulge in criminal activities. To that extent the section has to be construed narrowly and in a restricted manner. Therefore, no sanction is required for prosecuting petitioner for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC.