KALYAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision -petition is directed against the order dated October 16, 1986, passed by the Sessions Judge, Jalore, in Criminal Revision Petition No. 10 of 1981, by which the learned Sessions Judge allowed the revision -petition filed by the State of Rajasthan.

(2.) SONA Ram filed a complaint Under Section 467, I.P.C. against Kalyan Singh in the Court of the Munsif and Judicial Magistrate, Jalore, on July 21, 1978. The learned Magistrate forwarded this complaint Under Section 156(3) Cr. P.C. to the Circle Inspector, Jalore, for further investigation. Alter receipt of the case, the police registered a case Under Section 467 I.P.C. against the petitioner Kalyan Singh. The police conducted the necessary investigation and after necessary investigation and after obtaining the Sanction from the State Government, presented the challan against Kalyan Singh and Peera Ram for offences Under Sections 169, 467, 468 and 120B, I.P.C in the Court of the Chief Judicial Magistrate, Jalore, on July 21, 1978. The learned Chief Judicial Magistrate ordered for the registration of the case Under Sections 467, 468, 169 and 120B, I.P.C. and transferred the case for trial to the Court of the Munsif and Judicial Magistrate, First Class, Jalore. The learned Judicial Magistrate, took cognizance and issued process. The learned Magistrate thereafter, by his order dated February 12, 1981, came to the conclusion that a prima facie case Under Section 467, 468 and 169, I.P.C. is made -out against the accused Kalyan Singh for framing the charges but as the Sanction accorded by the State Government is not a valid sanction, as the whole material was not considered by the State Government while granting the sanction, he, therefore, discharged the accused Kalyan Singh. According to the learned Magistrate, no case for framing the charges against Peera Ram was made -out. He, therefore, discharged accused Peera Ram, also. Dissatisfied with the order dated February 12, 1981, passed by the learned Munsif and Judicial Magistrate, First Class, Jalore, the State of Rajasthan preferred a revision petition before the learned Sessions Judge, Jalore, who allowed the revision petition in part and set -aside the order discharging the accused petitioner Kalyan Singh as according to the learned Sessions Judge the sanction granted by the State Government was a valid sanction. The learned Sessions Judge, however, maintained the order discharging accused Peera Ram. It is against this order that the present revision petition has been filed by the petitioner.

(3.) IT is contended on behalf of the petitioner that the sanction accorded by the State Government was not a valid sanction and at the time of granting the sanction, the State Government has not taken into consideration that whole record of the case and the complete record of investigation was not before the State Government at the time of granting the sanction. The learned Public Prosecutor, on the other hand, has supported the order passed by the learned Sessions Judge.