PRABHU DAYAL Vs. MILAP CHAND

JUDGEMENT

(1.) THE applicant Prabhu Dayal is being prosecuted in the Court of the Munsif magistrate, Sawai Madhopur under Sections 166 and 504, I. P. C. on the complaint of one Milapchand.

(2.) SUMMONS were issued to the applicant and when he appeared he raised an objection that the prosecution was bad because no sanction of the State government under Section 197, Cr. P. C. , had been obtained by the complainant, he also raised an objection that the prosecution was bad by virtue of Section 79 of the Rajasthan Panchayat Act, 1953 (hereinafter to be referred to as the Act ). The learned Magistrate after hearing the parties overruled the objections on the ground that at that stage there was nothing to show that the accused had committed the offence while acting or purporting to act in the discharge of his official duty. The applicant went in revision and the learned Additional District magistrate, Sawai Madhopur agreed with the learned Trial Magistrate and dismissed the application. The applicant has now come in revision to this Court.

(3.) I have heard Sri S. M. Mehta on behalf of the accused applicant and Sri S. C. Agarval on behalf of the complainant. It has been argued by Mr. Mehta that under section 78 (1) of the Act, the applicant being a Sarpanch of a Panchayat under the act was a public servant within the meaning of Section 21, I. P. C. and he was not removable save with the sanction of the State Government. It was also argued that the applicant was a Judge within the meaning of Section 21 read with Section 19, I. P. C. and his act was in the discharge of his official duty. Sanction under section 197, Cr. P. C. was therefore necessary for the prosecution of the applicant. It was further argued that Under Section 79 of the Act, there could be no prosecution of the applicant.