SATISH CHANDRA MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the petitions under Section 482, Cr.P.C. are being decided vide common order as some of the facts and point of law involved are common.

(2.) Briefly narrated the facts of both the petitions are as under :- Misc. Petition No. 508/2000 :- One F.I.R. No. 6(A) /92 was registered against the accused petitioner Satish Chandra Mathur and two other accused persons namely Rameshwar and Om Prakash Gupta. After investigation, charge-sheet came to filed against Satish Chandra and Rameshwar Balai under Section 120-B I.P.C. read with Section 468, 467, 471 and 409, I.P.C. and under Section 13(2) read with Section 13(1) (d) with the Prevention of Corruption Act, 1988 (in short the Act, 1988) for committing criminal breach of trust of a sum of Rs. 48,000.00 and making false entries in the records and subsequently a sum of Rs. 24,000.00 was redeposited in loan accounts of the consumer. It was further observed by the Investigation Officer that additional charge sheet against Om Prakash would be submitted after obtaining the sanction for prosecution.

(3.) Learned Special Judge (C.B.I. Case), Jaipur registered the Criminal Case No. 34/1992 and framed the charges as stated hereinbefore. The accused persons pleaded not guilty. The prosecution examined as may as 12 witnesses. The accused were examined as provided under Section 313, Cr.P.C. Final submissions were herd and three points for determination were framed by the learned trial Judge. The first point for determination was as to whether accused Satish Chandra Mathur was public servant and sanction for prosecution is valid. It was held by the learned Judge that at the relevant time accused Satish Chandra being Branch Manager was a public servant, but sanction for prosecution was given without application of mind, hence sanction for prosecution was not valid and in absence of valid sanction, cognizance could not have been taken against the accused Satish Chandra. Consequently, Satish Chandra was acquitted vide judgment dated 6-11-1998. It was further held that co-accused Rameshwar was prosecuted for the offence of criminal conspiracy with accused Satish Chandra, hence he was also acquitted.