BIRI SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner herein is one of the accused persons in FIR No.315/11, registered in Police Station, Palampur, District Kangra, under Sections 336, 337, 338 and 304-A of the Indian Penal Code, with the allegations that when he was Incharge of the site of construction of Palampur-byepass (including high level bridge) Kilometer 113/285 to Kilometer 113/705 on Pathankot-Chakki-Mandi Road, the bridge suddenly collapsed when the execution of the concrete work between Piers P5 and P6 was in progress, resulting in loss of life and property. On completion of the investigation, Challan stands filed against him and his coaccused. He, however, filed an application for his discharge from the case on the ground that for want of prosecution sanction he cannot be prosecuted.

(2.) Learned trial Judge having taken on record the response of the State-respondent has arrived at a conclusion that since the post of Junior Engineer is a Class-III post, therefore, the prosecution sanction within the meaning of Sec. 197 Cr. P.C. is not required to be obtained before launching prosecution against him. Reliance has been placed on a judgment of the Apex Court in Fakhruzamma Vs. State of Jharkhand and another, 2013 15 SCC 552.

(3.) The accused-petitioner, however, being not satisfied with the impugned order has questioned the legality and validity thereof in this petition. The complaint is that the Court below has failed to consider the facts of the case and also the law applicable as well as the provisions contained under Sec. 197 Cr. P.C. in its right perspective. This Court, however, is not in agreement with the submission so made for the reasons that admittedly the accused-petitioner, at the relevant time, was working as a Junior Engineer, a Class-III post. A plain reading of the provisions contained under Sec. 197 of the Code reveals that when a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him in the discharge of his official duty, cognizance of the offence,, if any, committed by him, cannot be taken by any Court, except with the previous sanction of the Government.