RAJPAL KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner Rajpal Kaur for assailing the order dated 22.05.2019 passed by learned Addl. Sessions Judge, Suratgarh District Sriganganagar rejecting the criminal revision petition (No.23/2014) preferred by the petitioner and affirming the order dated 06.03.2014 passed by learned Judicial Magistrate, Suratgarh in Criminal Case (No. 103/2014) whereby cognizance was taken against the petitioner for the offences under Sections 166, 477 and 477-A of the IPC and warrant of arrest was issued against her.

(2.) Brief facts relevant and essential for disposal of the instant criminal misc. petition are noted hereinbelow:-

(3.) Shri Akash Kukkar, learned counsel representing the petitioner placed reliance on this Court's judgment in the case of Satyaveer Jakhar vs Taj Mohammed Rathore and Anr. : 2013 (4) WLC (Raj.) 383 and urged that the impugned orders are bad in the eyes of law and deserve to be quashed. He submitted that the petitioner was working as a public servant and the alleged offences if at all were committed during the course of discharge of her official duties and thus, procuring sanction under Section 197 Cr.P.C. before launching the prosecution was sine qua non. In absence of sanction, the prosecution of the petitioner is impermissible. He thus urged that the impugned orders dated 22.05.2019 and 06.03.2014 should be quashed and set aside.